ADR Can Still Be Slow
Hourly Billing Incentives
Costs Can Still Escalate
Although ADR is generally faster than court, many processes still suffer from delays. Scheduling conflicts, limited mediator availability, and multi-session structures can stretch disputes out for months, undermining one of ADR’s original promises.
Costs Can Still Escalate
Hourly Billing Incentives
Costs Can Still Escalate
ADR is often marketed as “low cost,” but in practice expenses can add up quickly. Hourly mediator fees, preparation time, attorney involvement, and repeated sessions can make ADR far more expensive than parties initially expect.
Hourly Billing Incentives
Hourly Billing Incentives
Hourly Billing Incentives
Many ADR professionals bill by the hour, creating little incentive to resolve matters quickly. In some cases, longer disputes mean higher fees, an incentive structure that can conflict with the parties’ desire for efficiency.
Over-Formalization
Hourly Billing Incentives
As ADR has become institutionalized, many processes now mirror the formality of litigation. Strict procedures, lengthy position statements, rigid session formats, and legalistic approaches can reintroduce the complexity ADR was meant to avoid.
Passive or Hands-Off Mediation
Some ADR models emphasize strict neutrality to the point of disengagement. Mediators may avoid actively guiding the process, challenging assumptions, or pushing toward resolution-leaving parties stuck without meaningful progress.
Limited Focus on Outcomes
Traditional ADR can become overly process-driven. Sessions may focus more on following a standard structure than on achieving a practical, lasting resolution that meets the parties’ real needs.
One-Size-Fits-All Processes
One-Size-Fits-All Processes
One-Size-Fits-All Processes
Many ADR providers rely on standardized approaches that do not adapt well to different types of disputes or personalities. This rigidity can limit creativity and reduce the effectiveness of the process
Inconsistent Quality
One-Size-Fits-All Processes
One-Size-Fits-All Processes
There is wide variation in training, experience, and approach among ADR professionals. Outcomes often depend heavily on the individual mediator or arbitrator, leading to inconsistent experiences and results.
Adversarial Drift
One-Size-Fits-All Processes
Limited Accountability
Even outside of court, ADR can still become adversarial, especially when lawyers dominate the process. Positional bargaining, strategic posturing, and threats can replace collaboration, undermining the purpose of ADR.
Limited Accountability
Limited Accountability
Limited Accountability
Once an ADR session ends without resolution, parties are often left without clear next steps. Traditional ADR may lack built-in mechanisms to ensure momentum, follow-through, or continued progress.