Find Alternative Dispute Resolution Attorney By L.E. Terry
An alternative dispute resolution attorney focuses on resolving legal disputes without going to court, usually through the use of arbitration or mediation. Other methods are also used; the role of the attorney differs depending on the method. The attorney may merely help clients choose a dispute resolution method, represent clients, or help the parties come to a settlement.
The Role of an Alternative Dispute Resolution Attorney
Alternative dispute resolution attorneys perform several functions, depending on the types of dispute resolution method used:
- Arbitration: With this method, attorneys represent clients just as they would in a jury trial. They present evidence and legal arguments to a neutral third party, or arbitrator, during a formal hearing. The arbitrator then makes the final decision.
- Early neutral evaluation: This method is used early in a lawsuit, and uses a neutral third party (usually a court-appointed attorney) to evaluate the case. The attorneys present summaries of their cases to the third party, who asks questions to assess each side and determine the likely outcome in court. The third party encourages the parties to resolve the case outside of court, but if a settlement cannot be reached, the evaluator informs the parties on how to proceed with litigation.
- Moderated settlement conference: This method uses one or more neutral third parties, who hear information concerning each side, discuss it with the parties, and evaluate the likely outcome in court. Attorneys participate in the conference with their clients.
- Direct negotiation: Here, the parties meet to discuss settlement offers and counteroffers. While the parties may meet on their own, usually their attorneys are present to help oversee the process.
- Collaborative law: With this process, attorneys commit to using methods other than litigation to resolve disputes.
When to Use an Alternative Dispute Resolution Attorney
You can use an alternative dispute resolution attorney at any time during a dispute, including before a lawsuit has been filed, at any point during the lawsuit, after the trial, or during an appeal. Alternative dispute resolution is appropriate for almost any type of dispute. Family law attorneys can help you with divorce, custody, elder care issues, adoption, and premarital agreements. Alternative dispute resolution is also used for workplace disagreements, environmental cases, public policy concerns, international disputes, and labor or management disputes.
Advantages and Disadvantages
Alternative dispute resolution has several benefits: it is usually quicker than going to trial, often less expensive, gives each side more participation in the legal process, can be less stressful, and encourages cooperation between disputing parties. However, there are also some disadvantages. If the dispute cannot be resolved, the parties will spend extra time and money by going to court. If the method it uses is legally binding, it will not have the protection granted by court cases, including the formal review of evidence by a judge and jury, and the review of the case by an appellate court.
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