Rethinking alternative dispute resolution for municipalities

Most experiences with alternative dispute resolution (ADR) come in the form of mediation on the eve of litigation. It is a tried-and-true approach: parties are often motivated to reach a settlement so they can avoid the expense, time, and stress of their impending hearing.
The downside is when these parties are so entrenched in their litigation positions that they spend most of their mediation session posturing, waiting for the other party to reveal
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