What pitfalls can arise for businesses and business owners using an alternative dispute resolution (ADR) method to resolve a dispute?
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In an ADR situation, often times you don’t get as much discovery as you would in a litigation situation. And that discovery can be helpful and you can find out things about an employee’s case as a business owner and so, if you go through an ADR process that doesn’t offer that level of discovery that can be a pitfall. The other pitfall can be that if you go to court, oftentimes the court can enter summary judgement and dismiss the case where that’s far less likely in an arbitration situation and really mediation is just driven towards settlement.