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Honorable (Ret.) Judith K. Fitzgerald


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Alternatives to Litigation

Article published in the July 2023 issue of AIST (Iron & Steel Technology) Magazine by Honorable (Ret.) Judith K. Fitzgerald

Lawsuits can be costly and time-consuming, causing disruptions to your business operations. That’s why it’s important to explore alternatives to litigation, known as Alternative Dispute Resolution (ADR). ADR offers three common types: early neutral evaluation (ENE), mediation, and arbitration.

Alternative Dispute Resolution

Early Neutral Evaluation (ENE)

  • ENE is a valuable tool that provides an unbiased evaluation of your case while helping move it towards a settlement. It allows parties to assess their strengths and weaknesses, aiding in focused discovery and settlement proposals.


  • Mediation, on the other hand, is a flexible approach that allows a neutral third party to assist parties in finding a mutually acceptable solution. With creative techniques, mediation offers a chance for resolutions that may not emerge in a traditional setting.


  • If you’re looking for a more formal process, arbitration may be the answer. Similar to litigation, it involves presenting evidence and arguments to arbitrators who make a binding decision on the dispute.

Remember, each method has its unique advantages, so it’s crucial to choose the one that suits your needs best. So, before diving into a lengthy court battle, explore the alternatives of ADR and save yourself from unnecessary stress and expenses. Considering these alternatives early on in a dispute can be a cost-effective and sensible approach. By reaching an agreement through ADR, you can minimize the risk, build goodwill, and save valuable time and resources. Click here to learn more and read the full article.

For more information on the alternatives to litigation mentioned in this article, reach out to Honorable (Ret.) Judith K. Fitzgerald at or at 412-594-3933.

July 06, 2023

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