Background Note | HBS Case Collection | March 2008 (Revised June 2012)

ADR Choices

by Michael Wheeler, James Sebenius and Marjorie Aaron


Six different business disputes, all in the shadow of pending litigation, are described. Students are asked to recommend the appropriate method of dispute resolution (mediation, arbitration, mini-trial, etc.) for each one, depending on the circumstances, especially to assess likely barriers to unassisted negotiation.

Keywords: Lawsuits and Litigation; Managerial Roles; Negotiation; Agreements and Arrangements; Conflict Management;


Wheeler, Michael, James Sebenius, and Marjorie Aaron. "ADR Choices." Harvard Business School Background Note 908-040, March 2008. (Revised June 2012.)