California Construction News staff writer
IRVINE — Alternative dispute resolution (ADR) has shifted from an optional fallback to a primary tool for legal practitioners, with nearly half of attorneys now utilizing mediation or arbitration at least once a month, according to a new industry report.
The 2025 ADR Industry Trends Survey, released Feb. 5 by JAMS in collaboration with Law.com, reveals that ADR is increasingly integrated into long-term legal strategy. The findings indicate that almost all respondents expect their use of ADR to remain steady or increase through 2026.
For the California construction industry, where project delays and rising material costs often spark complex litigation, the shift toward ADR offers a path to maintain project momentum. The survey identified speed of resolution and lower costs as the top reasons organizations are choosing ADR over traditional courtroom litigation.
“ADR is no longer an alternative option, but a critical tool for resolving disputes with speed and efficiency,” said Kimberly Taylor, JAMS president and CEO. “The demand for trusted and innovative ADR services has never been stronger as clients seek solutions that reduce cost, protect confidentiality and preserve valuable business relationships.”
The report highlighted a significant reliance on mediation, which 87% of respondents identified as their most-used form of ADR in 2025. This trend is particularly relevant for the construction sector, where preserving professional relationships between contractors, owners, and architects is often vital for the completion of ongoing work.
Technology also continues to reshape the landscape. A majority of practitioners reported using virtual platforms for at least some of their cases, a practice that has become standard since the pandemic to reduce travel costs and scheduling conflicts.
Tomek Jankowski, director of Pacesetter Research at Law.com, noted that the survey serves as a benchmark for firms and corporate legal departments as they adjust to changing client expectations.
The survey results were further detailed during a Jan. 29 webcast, “State of the ADR Industry: What’s Shaping 2026 and Why It Matters Now,” featuring JAMS senior vice-presidents Elizabeth Carter and Gina Miller.
Based in Irvine, JAMS is the world’s largest private provider of alternative dispute resolution services, handling more than 21,000 cases annually.
