Alternative Dispute Resolution is a procedure used to settle disputes without litigation. Common forms of ADR include mediation, negotiation, and arbitration. Recently, many people have been choosing ADR procedures as a way of settling their disputes. This can be attributed to its low cost and how fast results are achieved. Another reason why some people prefer ADR proceedings is that it allows the parties involved to understand each other’s positions. Moreso, it allows them to produce creative solutions that sometimes cannot be imposed by a court.
Even with all the benefits ADR provides, finding a good alternative dispute resolution lawyer isn’t always easy. This is why we have compiled a list of things to look out for when hiring a dispute resolution lawyer.
What To Look Out For When Hiring A Dispute Resolution Lawyer
Good mediators are easy to approach, empathetic, respectful, and friendly. They listen carefully in a bid to understand the emotions and needs that trigger each conversation. Additionally, they convey a sense of optimism to help ease the tension on the ground. They show genuine concern for the well-being of everyone involved in a case.
Trustworthiness is another essential thing to look for in a mediator. If possible, look into the profile of your prospect to see how they’ve been dealing with clients in the past. Good mediators inspire trust by keeping private discussions with both parties confidential. They understand that if clients don’t find them trustworthy, they won’t be open to them, and it’ll be difficult for them to achieve their aim.
A key quality in all experts— dedication, allows good mediators to devote a reasonable amount of time to prepare before they start any session. Moreso, it inspires them to work diligently to achieve their goals. As a result, their effectiveness in resolving disputes keeps increasing, and they get more clients.
The key to a successful mediation is impartiality, and it has the same degree of importance as approachability. All good mediators are required to control their feelings when trying to determine the outcome of a case. Mediators are better at creating, identifying, and using opportunities that will help both sides reach their goals when they’re not clouded by emotions.
Since the level of perceptiveness of a mediator makes them more creative in their approach to solving disputes, you should look for a mediator that has this attribute. All good mediators must be good at understanding situations quickly and identifying the risks involved as well. It helps increase the chances of arriving at a decision that will benefit both sides.
Experience is an essential thing to look out for in a mediator. Based on research, experienced mediators perform better because they’re able to apply the knowledge they’ve acquired while handling other cases in order to avoid some mistakes. Besides, the basic knowledge of the law is most times not enough to create documents for the case of a limitation, so you need the help of an experienced mediator. Good mediators also know how to recognize and create supporting documents for cases.
Having adequate knowledge of how a dispute resolution lawyer charges clients before you hire their service is important to avoid another dispute in the future. Some mediators demand payment upfront, while some wait until the dispute has been resolved.
Reviews are essential in measuring the performance of a mediator to determine whether they’re the best fit for your case. Aside from having the required skills, you need to know if they’ve been able to use them in helping clients resolve disputes successfully in the past.
Important ADR Terms To Know
Binding and Non-Binding: A binding decision is one that both parties must follow, whether they agree with it or not. On the other hand, a non-binding decision is one that they can choose to ignore if they’re not comfortable with it.
Arbitration: Arbitration is a procedure similar to an informal trial. In this case, an impartial third party takes time to hear both sides of a dispute and then makes a decision. However, the parties involved could decide whether the decision should be binding or non-binding.
Mediation: This occurs when a mediator works with both parties to come to an agreeable solution mutually. But in most cases, mediation is non-binding.
Hearing: A legal proceeding that involves the presentation of evidence to a decision-maker who will issue a ruling. It also allows a legal representative for both parties involved in the dispute.
Arbitrator: An Arbitrator is an impartial person bestowed with the power to decide the outcome of a dispute after hearing the stories of both parties involved.
In conclusion, it is your responsibility to learn about Alternative Dispute Resolution before engaging in it. Learning more about it will help you make a better-informed decision.