H. Alternative Dispute Resolution

The following points are provided to facilitate a discussion about the types of alternative dispute resolution (such as mediation, binding and non-binding arbitration, high-low arbitration, early neutral evaluation, court-annexed arbitration, and summary jury trials) and the benefits and disadvantages of each.

  1. Discuss the aspiration to counsel clients on how to resolve disputes by alternative methods. Should an attorney try to influence his or her clients to pursue a method of alternative dispute resolution? Read and discuss the article: Arnie Herz, Lawyers as Everyday Peacemakers: Reframing the Attorney-Client Relationship for Optimal Conflict Resolution in the 21st Century and Beyond, http://arnieherz.com/lawyers-as-everyday-peacemakers-reframing/.
  2. Describe situations where a client may be better served by avoiding litigation. Discuss the principles in the article: Stewart Levine, Resolutionary View: 10 Principles for Developing the Attitude of Resolution, Law Practice Today, Sept. 2006, http://apps.americanbar.org/lpm/lpt/articles/mba09061.shtml.
  3. Discuss the following types of alternative dispute resolution (among others you may think of), the types of cases for which those forms of ADR are typically used, and the advantages  and disadvantages of each:
    1. Mediation,
    2. Binding and non-binding arbitration,
    3. High-low arbitration,
    4. Early neutral evaluation,
    5. Court-annexed arbitration,
    6. Summary jury trials, and
    7. Private judges.
  4. Share with the new lawyer stories of your successes with ADR.
  5. Discuss when to consider ADR as a possible means for resolving a case (particularly in the new lawyer’s practice area) and how to talk to your client about it.
  6. Identify local resources for attorneys who would like to use ADR for resolving cases, including local ADR programs, court programs, and mediation or arbitration services. Are any of the courts in which the new lawyer practices requiring mediation or arbitration before proceeding to court? Discuss training opportunities and other resources for lawyers who are interested in becoming mediators or arbitrators.
  7. If applicable, discuss court rules regarding mandatory mediation or arbitration.

Resources:

ABA Section of Dispute Resolution, http://www.americanbar.org/groups/dispute_resolution.html.

ABA Section of Litigation Alternative Dispute Resolution Committee, http://apps.americanbar.org/litigation/committees/adr/home.html. 

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