The following points are provided to facilitate a discussion about the process of at least one type of ADR proceeding.
- Describe situations where a client may be better served by avoiding litigation, which alternative dispute resolution proceeding may be the preferred option, and why.
- Discuss when it may be appropriate to advise a client to include an ADR clause in agreements. Which type of ADR? What are the advantages? Disadvantages? What are considerations in drafting such clauses?
- Discuss what different types of ADR you have experienced (such as facilitative, evaluative, or transformative mediation) and the advantages or disadvantages of each.
- Invite the new lawyer to observe a mediation or other ADR proceeding.
- If you have represented a client in mediation or other ADR, discuss your preparation and strategy with the new lawyer. How do you prepare a client? How do you prepare for a proceeding, and in what ways, if any, did it differ from your preparation strategy for litigation?
- Share your reflections on previous ADR experiences with your new lawyer.
- Discuss your process for selecting a mediator or arbitrator. What qualities do you and your colleagues look for in determining the best fit? As a reference, it may be helpful to consult the websites of JAMS, JAG, AAA, USAM or others to review mediator biographies with the new lawyer.
- If the new lawyer is interested in learning more about the mediation process or becoming trained as a mediator, inquire about upcoming mediation skills trainings or CLE offerings on mediation and related topics. In addition, area law schools and continuing education programs may be good resources for mediation introductory programs and skills training.
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.
Judicial Arbiter Group, http://jaginc.com/.
American Arbitration Association, http://www.adr.org/.
United States Arbitration and Mediation, http://www.usam.com/.