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Alternative Dispute Resolution (ADR) Legal Help
Alternative Dispute Resolutions (ADR) are legal alternatives to traditional lawsuits and going to trial. Many use ADR to resolve conflicts without the cost, delays, or formality of court.
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Arbitration is a less formal process for resolving disputes outside of court, often by a retired judge (the arbitrator). Sometimes, decisions made during arbitration are reinforced by court orders.
Mediation is a more collaborative process. A mediator helps the parties establish common ground. This helps everyone find solutions to the dispute.
This section includes information and resources on getting legal help with arbitration or mediation. Use the menu below to navigate to the most relevant topic, or scroll down to learn more about hiring an ADR attorney.
When Do I Need an Arbitration Attorney?
As a general rule, you should hire a lawyer if more is at stake than the cost of hiring one. This holds true for arbitration as well, which is a “legal” process but without the involvement of the courts.
One of the advantages of using an attorney for arbitration is their ability to guide you through the process, which most people are not familiar with. And since most people still have to work, manage a family, or otherwise get on with their day-to-day lives, an attorney can manage the process, making things much less overwhelming for their client.
How ADR Attorneys Can Help You
Lawyers with experience handling arbitration cases can also help their clients put together a compelling presentation. It typically takes a lot of research and time to craft a presentation on one’s own, and you may not know exactly which points in your argument will have the most influence on your arbitrator.
Representing yourself is not uncommon in arbitration. However, you may be too close to the dispute to analyze it objectively and effectively.
Should I Hire an Attorney for Mediation?
Most mediations do not involve attorneys, but obtaining legal counsel for mediation may be a good idea in certain situations. Unlike court cases or arbitration, mediation is not an adversarial process. Instead, it requires the two parties to work out their dispute collaboratively.
The mere presence of an attorney can potentially sabotage this collaborative process. However, in cases where substantial property or legal rights are at stake, it may make sense to consult an attorney before the mediation.
But not all attorneys support mediation, so make sure you work with one who understands the process. Avoid attorneys who take your mediation case with the intention of directing you into a lawsuit.
How To Find the Right ADR Attorney for You
If you choose to work with an attorney for your mediation or arbitration, there are several important things to consider. First, make sure the lawyer you hire has experience with ADR and fully supports the process. It helps to review a list of questions to ask any potential lawyer so you understand their approach, fees, and how involved they’ll be before you hire them.
FindLaw’s directory of ADR attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals near you. Because state law is relevant, your attorney should be licensed in your state. Your search results will also include important details about prospective lawyers, like ratings and whether they offer free consultations.
Can I Solve This on My Own or Do I Need an Attorney?
- You’re not required to have a lawyer for arbitration or mediation
- A lawyer can help prepare and present your case for the best possible outcome
- Mediation can be handled without legal help if both sides are cooperative and issues are straightforward
The arbitration and mediation processes can be adversarial. An attorney can offer tailored advice and help protect your rights before the final court decision is made.
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