What Are Examples of Using Alternative Dispute Resolution to Benefit Clients?
Lawyer Magazine
What Are Examples of Using Alternative Dispute Resolution to Benefit Clients?
Legal battles can be long and costly, but what if there's a faster, less confrontational way? In this article, we hear from a Managing Member and a Founder & Attorney who share their firsthand experiences with alternative dispute resolution (ADR). eleven expert kicks things off by discussing how mediation can save time and money, while another concludes with the strategic advantages of pre-suit mediation. With 11 unique insights from seasoned professionals, this post promises a comprehensive look into the practical benefits of ADR.
- Use Mediation to Save Time and Money
- Opt for Mediation in Contentious Divorce
- Facilitate Open Communication in Contract Disputes
- Mediation Superior for Most Divorce Cases
- Pro Bono Work Reminds of Law's Core Mission
- Pursue Mediation in Complex Construction Cases
- Utilize ADR for Speedy Resolutions
- Arbitrate Intellectual Property Disputes Swiftly
- Suggest Mediation in Construction Disputes
- Pre-Suit Mediation Offers Strategic Advantage
- Mediation Expedites Product-Malfunction Settlements
Use Mediation to Save Time and Money
I've had a lot of experience in legal funding, and one case that stands out involved using mediation to help a client resolve a dispute. It was a personal-injury case, and the client had been stuck in litigation for months. Instead of continuing with a lengthy court battle, we suggested mediation as an alternative. The client wasn't sure at first, but it ended up saving a lot of time and money.
The process itself was pretty straightforward. We met with a neutral mediator, and both sides presented their arguments. The mediator helped guide the conversation, but the best part was that my client had more control over the outcome. They weren't leaving the decision up to a judge.
One of the biggest advantages of using alternative dispute resolution like this is that it keeps the case from dragging out. When cases stay in court, they can go on for years. By choosing mediation, we got the matter settled much faster, which was a relief for the client, who was already dealing with the stress of recovery. It also saved money, since the legal fees didn't pile up over an extended trial.
Consider mediation or arbitration if you're handling a dispute and want a quicker resolution. It's not the right solution for every case, but when it works, it can save both time and resources.
Opt for Mediation in Contentious Divorce
At Right Lawyers, we often use alternative dispute resolution (ADR)—specifically mediation—to help clients resolve conflicts more efficiently and amicably. One case that stands out involved a particularly contentious divorce where both parties were struggling to agree on asset division and child custody. The tension was high, and it became clear that going to trial would not only escalate the conflict but also prolong the emotional toll on both the parents and their children.
We recommended mediation as a way to avoid the stress, cost, and unpredictability of court. By opting for mediation, both parties had the opportunity to sit down with a neutral mediator and discuss their issues in a structured yet less adversarial environment. This allowed for open communication and flexibility in finding creative solutions that met both parties' needs.
During the mediation, we worked with the mediator to prioritize our client's key concerns, such as securing a fair division of assets and ensuring that the child-custody arrangement supported the children's best interests. By guiding the conversation toward mutual interests rather than hard positions, we were able to negotiate a compromise that both parties felt was fair. The mediation process allowed our client to retain more control over the outcome, rather than leaving it in the hands of a judge.
In the end, the mediation led to a settlement that avoided the need for a lengthy trial, saving both time and money. More importantly, it preserved a working relationship between the parents, which was crucial for their ongoing co-parenting responsibilities.
This experience reinforced the advantages of ADR—particularly mediation—in family law matters. It provided a more cooperative and less confrontational approach while still protecting our client's rights and interests. By resolving the dispute outside of court, our client benefited from a quicker, less costly, and more amicable outcome.
Facilitate Open Communication in Contract Disputes
One of the most effective uses of Alternative Dispute Resolution (ADR) for a client involved a complex contract dispute between two business partners. Litigation would have been lengthy and costly, so we recommended mediation. By facilitating open communication in a neutral setting, both parties were able to voice their concerns and find common ground. The mediator guided them toward a resolution that allowed the partnership to continue while addressing the underlying issues.
This approach not only saved time and legal fees but also preserved the relationship between the partners. Mediation provided a less-adversarial path, turning what could have been a drawn-out court battle into a productive discussion that benefited both sides.
Mediation Superior for Most Divorce Cases
I am a divorce attorney with a high-volume practice in Massachusetts. I have successfully mediated over 1,800 divorces. I am a graduate of Brown University and the University of Pennsylvania Law School.
For the vast majority of divorces, alternative dispute resolution (mediation) is superior to litigation. Alternative dispute resolution is faster, less expensive, and less adversarial. This is particularly important if there are children and the parents will continue to co-parent long after the divorce is final. Mediation empowers couples to be creative and make decisions tailored to their family.
In contested cases, a judge (aka "a stranger in black robes") does not have time to understand your situation or customize the divorce agreement in ways that work for your family. They must keep cases moving. The judge will simply impose court orders about how you take care of your children, what happens to your property, and how much, if any, support will be paid.
The only times litigation makes sense for divorce are: a) one spouse refuses to cooperate, b) assets are hidden, c) there is a history of abuse, or d) one spouse has no financial knowledge or power, and the other has a lot.
Pro Bono Work Reminds of Law's Core Mission
While it's easy to get absorbed in the complexities of high-paying cases, pro bono reminds me why I entered this field—to ensure justice is accessible to everyone. Providing legal aid to those who can't afford it brings me back to the core mission of the law: fairness, equity, and making a real difference. It's a powerful reminder that being a lawyer is not just about business; it's about responsibility to the community and using our skills to uplift others. This balance keeps me grounded and motivated.
Pursue Mediation in Complex Construction Cases
Recently, I represented a client involved in a serious construction accident. The case was highly complex, involving multiple parties and a significant amount of financial damages. Instead of going through a prolonged trial, we opted to pursue mediation. Through careful preparation and clear communication, I helped facilitate a settlement that allowed my client to recover the compensation they needed without the emotional and financial toll of extended litigation. Mediation not only expedited the resolution but also allowed my client to maintain control over the terms, avoiding the unpredictability of a court decision.
ADR methods like mediation and arbitration have been highly effective tools for my clients, especially in cases where time, cost, and confidentiality are important considerations.
Utilize ADR for Speedy Resolutions
ADR (Alternative Dispute Resolution) has several advantages, one of which is generally its speediness in obtaining a resolution for clients.
I have used mediation, mediation-arbitration, and the collaborative family law process on several occasions to move a matter away from protracted litigation, resulting in a settlement and closure for clients.
In addition, these settlements are often more flexible and accommodating to the parties' concerns than a court order can ever be.
Arbitrate Intellectual Property Disputes Swiftly
We once used arbitration to resolve a major intellectual property dispute for a tech client. The other party claimed rights to a software component, threatening to halt our client's product launch. Taking the case to court would have delayed the launch for months, so we opted for arbitration. The private nature of arbitration allowed both parties to present their cases swiftly, with a binding decision reached in weeks rather than years.
Our client was able to avoid the public exposure of a courtroom battle and continue with their launch schedule. The confidentiality of arbitration also ensured that sensitive business information remained private, protecting their competitive edge.
Suggest Mediation in Construction Disputes
A recent example of using ADR to a client's advantage was in a construction dispute. Our client, a contractor, faced a breach-of-contract claim that could have led to litigation and significant business disruption. We suggested mediation as an alternative, allowing both parties to settle the dispute without escalating it to court. The informal nature of the mediation process helped diffuse tensions and enabled both sides to reach a financial compromise.
This not only saved the client from costly litigation, but also allowed them to maintain a positive working relationship with the other party. By avoiding court, we preserved both their business reputation and valuable industry connections.
Pre-Suit Mediation Offers Strategic Advantage
A pre-suit offer of mediation with strings attached is a great way to use ADR to a client's advantage. I successfully used this technique recently in a difficult case involving a claim for professional negligence. I represented a beneficiary under a trust/will who lost a substantial portion of her anticipated inheritance because of issues that arose during the preparation and signing of my client's boyfriend's estate documents. My client's case came down to a very specific legal issue, with both sides having arguments to support their positions. My client understood the difficulty of her case and only wanted to proceed if there was adequate insurance to cover her damages. Typically, the insurance information would have become available after the filing of a lawsuit. But we wanted to know beforehand. So, rather than going straight to court, we sent an offer of pre-suit mediation to the defendant. The offer was contingent on my client being provided with the policy details, including coverage limits. The defendant agreed. We were provided with the policy details and settled the claim favorably at the mediation. My client achieved a substantial monetary recovery, in just a few months, without having to file a lawsuit. It was a terrific outcome!
Mediation Expedites Product-Malfunction Settlements
One of our clients, injured in a product-malfunction case, faced a drawn-out legal battle with a large corporation. We suggested mediation to expedite the process and avoid the high costs of going to trial. By bringing in a neutral mediator, we guided both parties to a mutually agreeable settlement that fully covered our client's medical expenses and long-term care needs.
Mediation's flexibility and collaborative nature allowed us to craft a solution tailored to our client's specific needs, something that may not have been possible through a traditional court ruling. This ADR strategy saved time and allowed our client to move forward with their recovery sooner.
