1. Chapter nine objectives
A basic understanding of the roles of the client, attorneys, and paralegals in private judging/refereed proceedings
A basic understanding of the application of rules of evidence and procedure to ADR proceedings
A basic understanding of the advantages and disadvantages of ADR processes
Copyright © 2018 Robert E. Mongue. All rights reserved.

2. The role of causes of action
ADR encompasses all alternatives to litigation for resolving a dispute They, as alternatives, all differ from litigation in some respect. However, they are all the same in that each depends on all parties being able to analyze the other party’s ability to prove or defend against the elements of the cause of action which form the basis for the dispute.
Copyright © 2018 Robert E. Mongue. All rights reserved.

3. How the alternative differ
Negotiation Mediation Arbitration Referee
Role of Third-Party
Role of the Attorney
Role of the Client
Role of the Paralegal
Procedural Rules
Evidentiary Rules
Costs
Time Factors
Copyright © 2018 Robert E. Mongue. All rights reserved.

4. negotiation
Negotiation is a process in which the parties exchange offers and counteroffers in an attempt to reach an agreement.
Often negotiators view the process as being made up of five steps:
(1) preparation and planning
(2) definition of ground rules
(3) clarification and justification
(4) bargaining and problem solving and
(5) closure and implementation.
The actual negotiation is usually a back-and-forth exchange.
Copyright © 2018 Robert E. Mongue. All rights reserved.

5. negotiation
Attorney consults with client to establish negotiation strategy
Client makes all final settlement decisions.
The negotiation strategy, the extent of the client’s participation in it and even whether negotiation is an appropriate form of ADR in a particular case often depends on the client’s approach to conflict.
The role of a paralegal varies depending the preferences of the attorneys conducting the negotiations, but the role revolves around two basic functions: (1) preparation for the negotiations and (2) communication with clients.
Copyright © 2018 Robert E. Mongue. All rights reserved.

6. mediation Third-party neutral: mediator
Mediator does not make decisions. Facilitates agreements
Attorney is more of a counselor, less of an advocate
Client often does most of the speaking
The role of a paralegal varies depending the preferences of the attorneys, but the role revolves around three basic function: (1) preparation for the mediation (2) communication with clients, and (3) client preparation.
Preparation of a mediation notebook for the attorney is similar to that of a trial notebook
Copyright © 2018 Robert E. Mongue. All rights reserved.

7. Arbitration Third-party neutral: arbitrator
Arbitrator makes a final decision for the parties after a hearing.
Often there is no right to appeal
Arbitrator often has expertise in the area of the dispute.
Hearings are less hampered by rules of procedure and evidence than court proceedings
Copyright © 2018 Robert E. Mongue. All rights reserved.

8. Arbitration
Roles of attorney and client are similar to those in court proceedings.
Role of paralegal is also similar to that in court proceedings
(1) preparation for the arbitration hearing
(2) drafting of pleadings and memoranda
(3) communication with clients
(4) preparation of clients
Copyright © 2018 Robert E. Mongue. All rights reserved.

9. The full set of 141 slides is available upon adoption
The full set of 141 slides is available upon adoption. If you are a professor using this book for a class, please contact Beth at to request your slides.
Copyright © 2018 Robert E. Mongue. All rights reserved.