Adviser – advises a client on steps to take to avoid possible legal problems. Drafter – writes contracts and other documents for clients. Negotiator – persuades, argues, or settles with another party on a client’s behalf. Advocate – presents a client’s position in court. 1 11/1/2015
A client must disclose all relevant information to his or her attorney so the attorney can determine the best course of action. The attorney must keep the information confidential—the attorney-client privilege prevents a court and other government bodies from compelling disclosure of the information. 2 11/1/2015
Forms of ADR include: 3 Negotiation Summary Jury Trial Mediation Mini-trial Rent-a- Judge Rent-a- Judge Arbitration 11/1/2015
Alternative dispute resolution methods differ in the degree of formality involved and the extent to which third parties participate in the process. What is the primary difference between negotiation and mediation? 4 11/1/2015
Negotiation The parties come together, with or without attorneys to represent them, and try to reach a settlement without the involvement of a third party. Mediation The parties themselves reach an agreement with the help of a third party, called a mediator, who proposes ( or not ) solutions. 5 11/1/2015
A more formal method of ADR in which the parties submit their dispute to a neutral third party, the arbitrator, who renders a decision, which may or may not be legally binding, depending on the circumstances. Some courts refer certain cases for arbitration before allowing the cases to proceed to trial; in most cases, this kind of arbitration is nonbinding on the parties. 6 11/1/2015
The three steps of arbitration are: 7 11/1/2015
السلام عليكم ورحمة الله و بركاته