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On January 10th, JON, Inc. enters into a contract in which Jon, Inc. is to deliver 1000 special order widgets to the JPK Construction Company for use in a unique project. Delivery is scheduled for November 23rd. On February 14th, JON, Inc. hears through the grapevine that JPK has entered into a contract with another company to buy the widgets at a lower price. JON, Inc. calls JPK on March 15th and is reassured that the contract will be honored. On August 8th, JPK takes delivery of the widgets from the other company and begins using them in the unique project they are working on. On November 23rd, JON, Inc's truck arrives at JPK's loading dock with the 1000 widgets and JPK refuses to take delivery.
If JON, Inc. wanted damages for the breach of contract but wishes to pursue recovery through ADR rather than litigation but wanted to keep litigation options open, which form of ADR should JON, Inc. avoid?
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