Over the years, alternative dispute resolution (ADR) has moved from the margins of legal practice to its center. According to the State of ADR 2026 report, commissioned by JAMS and conducted by Law.com, 99% of practitioners now use ADR in at least some matters, and 87% rely on mediation as a core part of their dispute resolution toolkit. ADR is no longer an alternative. It is a time-tested means of preventing litigation and resolving disputes.
While ADR, by its very nature, is not an adversarial process, its effectiveness depends on an important factor that is often overlooked: civility. The dictionary definition of “civility” is “formal politeness and courtesy in behavior or speech.” When it comes to resolving complex, high-stakes matters, how parties and counsel conduct themselves bears on the outcome. Civility is more than just etiquette. It is also a strategy for ADR success.
