new adr

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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 03/26/22

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new ADR

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  • 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 clients behalf.Advocate presents a clients position in court.**

  • 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 confidentialthe attorney-client privilege prevents a court and other government bodies from compelling disclosure of the information.**

  • Forms of ADR include:*NegotiationSummary Jury TrialMediationMini-trialRent-a-JudgeArbitration*

  • 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?**

  • 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.**

  • 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.**

  • The three steps of arbitration are:**

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