Blog 18 - Answer 2

I'm not necessarily referring to mediation resolving divorce alone, but it is the right way to go for any case that wants to avoid trial!

1.  What is your EQ?

How can a civil attorney maximize the chances of an immediate settlement?

2.  What is your first answer? (In complete thesis statement format)

A civil attorney can maximize the chances of an immediate settlement through the means of communication amongst clients and their attorneys and between opposing counsels.

3.  What is your second answer? (In complete thesis statement format)

A civil attorney can maximize the chances of an immediate settlement through the means of Alternative Dispute Resolutions, such as mediation and arbitration. 

4.  List three reasons your answer is true with a real-world application for each.

Three reasons for why this answer is true because Alternative Dispute Resolutions (ADR) have been proven to be effective in avoiding trials because it allows opposing counsels to come together and communicate with one another and find a compromise. It also is cost-effective. Most trials are lengthy and during that time, attorneys are still being paid. It is also more flexible. ADR sessions can be arranged according to the parties' schedules and they are a lot more casual. A third party is present to focus the discussions towards the dispute and to find common ground for both parties. 

5.  What printed source best supports your answer?

• Repa, Barbara Kate. "Arbitration Basics." NOLO.com, NOLO. N.d. Web. 1 Sep 2015. <http://www.nolo.com/legal-encyclopedia/arbitration-pros-cons-29807.html>

• "What is mediation?" FreeAdvice. Advice Company, N.d. Web. 27 Aug 2015. <http://law.freeadvice.com/litigation/litigation/mediation.htm>

6.  What other source supports your answer?

• "6. Alternative Dispute Resolution" How to-Guides. lawhelpontario.org, Law Help Ontario PBLO, N.d. Web. 4 Feb 2016. <https://www.lawhelpontario.org/lawsuits-disputes/superior-court/how-to-guides-superior/alternatives-trial/>

• Miles, Sharrolyn. "Winning at Mediation: The Strategies for Effective Dispute Resolution." americanbar.,org, American Bar Association, N.d. Web. 10 Feb 2016. <http://www.americanbar.org/groups/young_lawyers/publications/the_101_201_practice_series/winning_at_mediation_the_strategies_for_effective_dispute_resolution.html>

7.  Tie this together with a  concluding thought.

Alternative Dispute Resolutions is the most effective way to an immediate settlement prior to a trial
because it allows for a proven longer-lasting and better compromise amongst parties.