adviser – advises a client on steps to take to avoid possible legal problems. drafter – writes...

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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 06/27/22

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Page 1: Adviser – advises a client on steps to take to avoid possible legal problems.  Drafter – writes contracts and other documents for clients.  Negotiator

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.

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Page 2: Adviser – advises a client on steps to take to avoid possible legal problems.  Drafter – writes contracts and other documents for clients.  Negotiator

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.

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Page 3: Adviser – advises a client on steps to take to avoid possible legal problems.  Drafter – writes contracts and other documents for clients.  Negotiator

Forms of ADR include:

3

Negotiation

Negotiation

Summary Jury Trial

Summary Jury Trial

MediationMediation

Mini-trialMini-trial Rent-a-Judge

Rent-a-Judge

ArbitrationArbitration

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Page 4: Adviser – advises a client on steps to take to avoid possible legal problems.  Drafter – writes contracts and other documents for clients.  Negotiator

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?

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Page 5: Adviser – advises a client on steps to take to avoid possible legal problems.  Drafter – writes contracts and other documents for clients.  Negotiator

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.

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Page 6: Adviser – advises a client on steps to take to avoid possible legal problems.  Drafter – writes contracts and other documents for clients.  Negotiator

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.

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Page 7: Adviser – advises a client on steps to take to avoid possible legal problems.  Drafter – writes contracts and other documents for clients.  Negotiator

The three steps of arbitration are:

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Page 8: Adviser – advises a client on steps to take to avoid possible legal problems.  Drafter – writes contracts and other documents for clients.  Negotiator

السالم عليكم ورحمة الله و بركاته