In recent years, the use of alternative dispute resolution (ADR)—generally arbitration or mediation—has increased, as clients grasp for options that are quicker, less formal, and cheaper than fighting in court for years. Although many young lawyers yearn for their first trial, anticipating the thrill and challenge of standing before a judge and jury and presenting a well-practiced and compelling closing statement, in reality, exceedingly few disputes end by jury verdict. Far more common is resolution outside the courtroom, and thus modern litigation is composed mostly of things other than trial advocacy. Aspiring litigators should hone their written and oral communication skills and focus on diligent preparation and close attention to detail; these tools are invaluable whether a case concludes at trial or, more likely, in a conference room.

Arbitration allows parties to submit their dispute to a neutral decision-maker, much like in a trial, but generally involves a more streamlined exchange of discovery and presentation of evidence in an informal setting. Mediation, when successful, allows parties to avoid a trial altogether and negotiate a settlement with the assistance of a third party. ADR is often required by contract or by court rules, or is simply preferred by clients and lawyers as a means of avoiding the cost, delay, and publicity associated with litigating a matter in a court of public record. Although ADR procedures are different from litigation and trial, ADR requires many of the same skills and capabilities as traditional litigation.

Write Well