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Work Worth Doing: Alternative Dispute Resolution

By Colleen Byers

It is easy in today’s political and cultural environment to feel overwhelmed and completely helpless to affect any change. Conflict abounds. In a society focused on retributive justice, where traditional litigation approaches are the norm, advocating options for conflict resolution that fall on the alternative dispute resolution spectrum can often feel counter cultural. At times and among certain audiences, suggesting the collaborative law process is perceived as radical. Notwithstanding the inordinate amount of time, energy and effort that John Sarratt and the Board of Directors of the North Carolina Civil Collaborative Law Association (NCCCLA) have spent educating about and advocating for the use of the collaborative law approach in any civil dispute, I am still often on the receiving end of blank stares, quizzical looks, and frowns when I discuss the collaborative law process with other lawyers and clients. When this happens, it is easy to become discouraged, and the lawyerly ability to over analyze kicks into high gear. I worry that other litigators and even clients will perceive me as weak when I suggest alternative dispute resolution options rather than traditional litigation. At times, I wonder whether my zeal for conflict resolution has come on too strong. Then I remember those magical moments that fuel my passion for ADR …

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