ADR Tips & Tactics 2015

Published by Mecklenburg County Bar


Summary

In a perfect world, one where clients and their attorneys are being reasonable and objectively evaluating the risks and costs of proceeding to litigation or arbitration, all cases would settle. Ideally, the only cases that should ever be tried are those with an irreconcilable difference of opinion on a disputed fact (e.g., “the light was red” vs. “the light was green”) or when one party or the other is motivated by principle or emotion (which is an expensive premise). Otherwise, assuming the lawyers have completed discovery, and are looking at the same documents, and have taken depositions sufficient to know the anticipated testimony to be presented at any evidentiary hearing, both sides should be able to “handicap” the case in roughly the same range, and usually the spread in that range does not exceed the cost of finding out who was “right”. Therefore, throughout the litigation process, counselors have a duty to their clients to continue to pursue settlement talks.

Topics covered include:
General rules for an effective mediation
General rules for an effective arbitration
Negotiation skills at mediation
Effective advocacy at arbitration
The views and opinions are not necessarily those of the 26th Judicial District Bar.

Originally Published

February 6, 2015


Program Titles and Supporting Materials

This program contains the following components:

  • ADR Tips & Tactics 2015 (NCSB# 2) - Video

How To Attend

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Credit

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Click on jurisdiction for specific details
NC


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