By: Team LawSkills | 23-05-2018 08:13:50
Client Counseling is the most important determinant of how the legal journey with your client will proceed and what aims are sought to be achieved by it. It is the first and foremost stage of advocacy immediately succeeding preliminary interview stage with a prospective client. Thus, it is also the process by which a prospective/potential client is converted into an actual one. Needless to say, every lawyer needs to be adept at this process in order to succeed in his profession, make a name for himself and deliver results that not only meet but exceed the expectations of his clients. This handbook apprises lawyers and young aspirants about the finer nuances of an effective client counseling and how to determine the best mode to conduct a counseling session.
Alternative Dispute Resolution (ADR) Mechanism, as the name suggests, is an alternative to the conventional mode of resolving disputes, i.e., litigation. ADR techniques can effectively be used in all matters which can legally be resolved through agreements between concerned parties, i.e., disputes of a civil, commercial, family or industrial nature. The main benefit of opting for an ADR is that it is free from the shackles that bog down normal litigation processes in India such as judicial delays, surmounting expenses, etc. ADR provides an expeditious and cost effective manner of reaching solutions, usually in an amicable manner.
These methods usually involve a third party referred to as neutral, a skilled helper who either assists the parties in a dispute or conflict to reach at a decision by agreement or facilitates in arriving at a solution to the problem between the party to the dispute. According to the nature of the dispute, the interests that parties seek to protest and the inclination of the disputing parties, any one of the following techniques of ADR can be availed by them -
1. Arbitration
2. Mediation
3. Conciliation
4. Judicial Settlement
5. Lok Adalat
The handbook provides practical explanations and applications of each of these techniques and informs lawyers and students alike on how to use ADR, avoid litigation and get speedy, efficient and, usually, mutually beneficial results for all parties concerned.