What To Know About Using an ADR Attorney

If you’re looking to arbitrate or mediate a dispute, you might wonder if having an attorney during the process is a good idea. It depends. But if your property, finances, or long‑term rights are on the line, getting a lawyer’s help often leads to a better outcome.

The rules for hiring counsel differ for these two forms of alternative dispute resolution (ADR) from those for litigation or other court proceedings. Keep reading to learn more about attorneys’ roles in different types of alternative dispute resolution, such as mediation and arbitration.

Do I Need a Lawyer for My Mediation Session?

Parties to a dispute often voluntarily enter into mediation, a form of ADR. There are other instances in which courts require the parties to attempt mediation as a matter of course. One example is a divorce involving a minor child. Other family law matters are often subject to mediation.

Most contexts in which people find themselves in mediation don’t require the parties to get their own legal counsel. Still, there are some situations where retaining a mediation lawyer is a good idea. Mediation lawyers understand the legal issues and are familiar with the mediation process.

The mediation process itself is generally easy to understand and collaborative. However, suppose your property rights will be affected by the outcome of the process. In that case, professional assistance can be crucial for understanding the consequences of certain decisions.

Considerations for Hiring a Mediation Attorney

When hiring an attorney for mediation, it’s vital to ensure they support the mediation process. Ideally, the lawyer you choose has mediation training. Most attorneys are trained to be zealous advocates. As a result, some lawyers dislike mediation as a dispute resolution process and are more comfortable with traditional litigation. This attitude can be an obstacle to successfully reaching a mediation agreement.

An attorney can help with the mediation process by:

• Reviewing all written agreements before signing
• Providing legal coaching or consultation at various junctures
• Preparing materials for use during negotiation

You will want to have a frank discussion with your attorney about what you expect the attorney to do at mediation and any fees or fee structure for the session(s) and follow-up work.

Using Arbitration to Resolve Legal Disputes

Attorneys are more commonly used during the arbitration process. Arbitration is the most formal alternative to litigation. The disputing parties are expected to present their side of the case to a neutral third party who makes a decision. Arbitrations have fewer rules than court cases and are often less time-consuming.

Arbitrators typically have more expertise in the subject matter of the dispute and more flexibility in crafting decisions. The format of an arbitration is similar to that of a court case. The format includes:

• Opening and closing arguments
• Witnesses who present testimony
• Documentary evidence

The rules of evidence and other procedural rules are simplified, however. An arbitrator’s decision is often binding. If you’re involved in binding arbitration, an attorney can ensure a better outcome.

There is a trend towards compulsory arbitration in the following areas:

• Public sector employment disputes
• Court-annexed programs
• Medical malpractice disputes

Certain other civil suits also include a compulsory arbitration component. This trend toward mandatory rather than voluntary arbitration is one reason why retaining an attorney to assist with arbitration is becoming increasingly common. Parties generally have no right to trial when unsatisfied with the arbitrator’s award. They may be liable for a share of court costs or the arbitrator’s fees, depending on the contract terms.

Learn More About Alternative Dispute Resolution Attorneys

Use the linked resources below to learn more about selecting a lawyer for your ADR procedure.

• 10 Questions to Ask Your Attorney: Learn 10 helpful questions to ask a potential lawyer before entering into a working relationship.
• Do I Need a Mediation Lawyer?: Determine whether you need to hire an attorney to help you with the mediation process. There’s a list of essential considerations.
• FindLaw’s Guide To Hiring a Lawyer: This section guides you through finding the right attorney for your specific needs. There are suggestions about word-of-mouth referrals, state bar associations, and FindLaw’s lawyer directory.

How To Find an ADR Attorney

You don’t have to navigate the ADR process alone. An experienced attorney can review your situation and explain whether you’d benefit from legal representation in an ADR proceeding. The right ADR attorney can offer legal guidance during mediation, representation in arbitration, or a simple review of an agreement before you sign.