{"id":357651,"date":"2016-04-04T10:41:50","date_gmt":"2016-04-04T15:41:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/adr\/legal-help-and-resources\/using-an-adr-attorney.html"},"modified":"2023-10-03T13:20:37","modified_gmt":"2023-10-03T18:20:37","slug":"using-an-adr-attorney","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/adr\/legal-help-and-resources\/using-an-adr-attorney.html","title":{"rendered":"Using an ADR Attorney"},"content":{"rendered":"\n
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Using an ADR Attorney<\/h1>\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Suppose you’re looking to arbitrate or mediate a dispute. In that case, you might wonder if having an attorney during the process is a good idea. The rules for hiring counsel are different for these two forms of alternative dispute resolution (ADR)<\/a> than for litigation or other court proceedings.<\/p>\r\n

This article will discuss attorneys’ roles in different types of alternative dispute resolution such as mediation and arbitration.<\/p>\r\n

Do I Need a Lawyer for My Mediation Session?<\/h2>\r\n

Parties to a dispute often voluntarily enter into mediation<\/a>, a form of ADR. There are other times when 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.<\/p>\r\n

Most contexts in which people find themselves in mediation don’t require the parties to obtain 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.<\/p>\r\n

The process of mediation 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 helpful in understanding the consequences of certain decisions.<\/p>\r\n

Considerations for Hiring a Mediation Attorney<\/h2>\r\n

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.<\/p>\r\n

An attorney can help with the mediation process by:<\/p>\r\n