freiberg and peck

Freiberg and Peck, How do I know whether to sue, settle or use adr


The importance of experience and judgment is critical. A good lawyer will recommend one approach rather than another based on the facts of the case, not a predisposition favoring one approach over another.

In making the decision a good lawyer will assess such factors as your objectives, the nature of the matter involved, the evidence you have available and what you still need, the need for an ongoing relationship between the parties, the relative strength of your case and the other side’s case, the parties’ resources, the value of any precedent to you, what court you would be heard in, how long it would take to go to trial, who your adversary and her attorney is in making a recommendation.

Sometimes a good lawyer will urge you to settle the matter quickly and avoid any litigation, sometimes the lawyer will urge ADR, and other times the lawyer will conclude traditional litigation, not ADR, will be in your best interests.