When SDR's Process Makes Sense


  • The SDR process makes sense when all participants recognize that it is more important to reach a resolution than it is to continue the dispute—even if it means they may not obtain the optimal resolution for them.
  • The participants need to decide that they don’t want to spend extensively on lawyers, take significant time of management, and have the dispute continue for months or years.

When SDR's Process Does Not Makes Sense


  • The SDR process doesn’t make sense if one or more of the participants believe, for strategic, tactical or complexity reasons, that extended proceedings are in fact desirable.
  • The participants need to decide that moving past the dispute (in part, perhaps, to save on costs) is more important than any adverse result that is likely to occur.

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