Several different avenues are available to resolve legal issues. While some people may automatically think about lengthy and involved trials, that’s not the most common scenario.
Alternative dispute resolution (ADR) options, including mediation, negotiation and arbitration, resolve the vast majority of cases. It’s sometimes up to an attorney to discuss why these are viable and often the most suitable ways to handle specific cases.
Cost-effectiveness
Litigation can be expensive, with costs escalating quickly through court fees, discovery expenses and lengthy trial procedures. In contrast, ADR options are designed to be more cost-effective, often requiring less time and fewer resources. Highlighting this advantage can significantly influence a client’s decision-making process, especially when budget constraints are a concern.
Flexibility
The flexibility and control ADR offers over the resolution process significantly benefit clients. Unlike the rigid structure of court proceedings, ADR allows parties to tailor the process to their specific needs. In mediation, for example, you can work with your client to negotiate terms directly with the other party, often leading to more creative and mutually beneficial solutions. This level of personal involvement and control can be reassuring to clients, making them feel more invested in and satisfied with the outcome.
Maintained relationships
ADR emphasizes a collaborative rather than adversarial approach. The collaborative approach may preserve relationships rather than sever them. This aspect is especially valuable in disputes where the parties have ongoing relationships, such as in business or family matters. While the relationship may never return to what it was prior to the dispute, it likely won’t be as bad as it would have been if things were handled in a trial.
Psychological benefits
The less formal and more confidential environment can reduce stress and anxiety, leading to a more positive experience overall. Because participants know the process is confidential, they may feel less apprehensive about transparency.
Some clients may feel more confident in ADR to resolve their legal matters if they have the opportunity to discuss how the outcome of these processes may compare to a trial. Being able to make an informed decision about how to proceed is often the key, so being forthcoming about everything is beneficial.