Ch. 3-Alternative Dispute Resolutions

Ch. 3-Alternative Dispute Resolutions - B Cons –...

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LGS-200 SPRING, 2007 CHAPTER THREE – PART TWO ALTERNATIVE DISPUTE RESOLUTION I. Roles of an attorney A. Adviser B. Document Drafter C. Negotiator D. Advocate (Litigator) II. The Attorney-Client Relationship A. How to choose an attorney B. Attorney-client privilege – communications between client and attorney are confidential and privileged – can only be waived by client III. The Role of the Court A. Adversarial system B. Jury – to determine the facts C. Judge – the referee IV. The Decision to File a Lawsuit A. Is there a legal remedy for my problem? B. What are the chances of winning? C. What is the value of the remedy? D. What are the legal fees? 1. Fixed fees 2. Hourly fees and rates
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3. Contingent fees 4. Who pays? E. Can the case be settled? V. Litigation – trial of the case A. Pros – final through the legal process
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Unformatted text preview: B. Cons – expensive and unpredictable VI. Alternative Dispute Resolution A. Negotiation – informal discussions B. Mediation – third party mediator assists the parties in reaching a settlement 1. Pros a. Quicker b. Cheaper 2. Cons a. costs for mediator and attorneys b. usually voluntary C. Arbitration – third party renders a legally binding decision 1. The parties can agree ahead of time to arbitrate in the event of a dispute 2. In lieu of a lawsuit 3. The process a. submission – referral to an arbitrator b. hearing – relaxed rules of evidence and procedure c. award 4. Pros a. Cheaper b. Experts in the field 5. Cons a. No right to a trial b. Punitive damages unlikely c. Limited court review 6. Enforcement of arbitration clauses...
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Ch. 3-Alternative Dispute Resolutions - B Cons –...

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