Which statement is true regarding evidence of ADR consideration in proceedings?

Which statement is true regarding evidence of ADR consideration in proceedings?

• A. Parties may be required by the court to provide evidence ADR has been considered.
• B. ADR evidence is never reviewed by the court.
• C. Parties must never disclose ADR discussions.
• D. ADR must be conducted by a court-appointed mediator.

Answer: (A)

Courts can require evidence that ADR has been considered. There is a duty in civil procedure for parties to engage with alternative dispute resolution and to show the court what steps have been taken to settle the matter before or during litigation. The court may ask for documentation or a formal statement demonstrating that ADR has been explored, such as a record of attempts to arrange mediation or other ADR processes. This helps the court manage the case efficiently and can influence costs if ADR hasn’t been considered appropriately. It’s not correct that ADR evidence is never reviewed by the court—the court may review what ADR steps were taken to assess compliance and potential cost consequences. It’s also not true that parties must never disclose ADR discussions; while there are confidentiality protections around settlement discussions, there are circumstances where ADR activity or summaries can be disclosed to show ADR has been attempted. And ADR need not be conducted by a court-appointed mediator; it can be arranged privately by the parties or through a mediator of their choosing, with the court sometimes offering or directing mediation but not requiring a court-appointed mediator in every case.

Courts can require evidence that ADR has been considered. There is a duty in civil procedure for parties to engage with alternative dispute resolution and to show the court what steps have been taken to settle the matter before or during litigation. The court may ask for documentation or a formal statement demonstrating that ADR has been explored, such as a record of attempts to arrange mediation or other ADR processes. This helps the court manage the case efficiently and can influence costs if ADR hasn’t been considered appropriately.

It’s not correct that ADR evidence is never reviewed by the court—the court may review what ADR steps were taken to assess compliance and potential cost consequences. It’s also not true that parties must never disclose ADR discussions; while there are confidentiality protections around settlement discussions, there are circumstances where ADR activity or summaries can be disclosed to show ADR has been attempted. And ADR need not be conducted by a court-appointed mediator; it can be arranged privately by the parties or through a mediator of their choosing, with the court sometimes offering or directing mediation but not requiring a court-appointed mediator in every case.