 Adviser – advises a client on steps to take to avoid possible legal problems.  Drafter – writes contracts and other documents for clients.  Negotiator.

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Presentation transcript:

 Adviser – advises a client on steps to take to avoid possible legal problems.  Drafter – writes contracts and other documents for clients.  Negotiator – persuades, argues, or settles with another party on a client’s behalf.  Advocate – presents a client’s position in court. 1 11/1/2015

 A client must disclose all relevant information to his or her attorney so the attorney can determine the best course of action.  The attorney must keep the information confidential—the attorney-client privilege prevents a court and other government bodies from compelling disclosure of the information. 2 11/1/2015

Forms of ADR include: 3 Negotiation Summary Jury Trial Mediation Mini-trial Rent-a- Judge Rent-a- Judge Arbitration 11/1/2015

 Alternative dispute resolution methods differ in the degree of formality involved and the extent to which third parties participate in the process.  What is the primary difference between negotiation and mediation? 4 11/1/2015

Negotiation  The parties come together, with or without attorneys to represent them, and try to reach a settlement without the involvement of a third party. Mediation  The parties themselves reach an agreement with the help of a third party, called a mediator, who proposes ( or not ) solutions. 5 11/1/2015

 A more formal method of ADR in which the parties submit their dispute to a neutral third party, the arbitrator, who renders a decision, which may or may not be legally binding, depending on the circumstances.  Some courts refer certain cases for arbitration before allowing the cases to proceed to trial; in most cases, this kind of arbitration is nonbinding on the parties. 6 11/1/2015

The three steps of arbitration are: 7 11/1/2015

السلام عليكم ورحمة الله و بركاته