Establishing a good attorney-client relationship is more likely to result in a client who is both more willing and better able to make these decisions. A client who has had a good relationship with her attorney is better able to accept an unsuccessful outcome, and the attorney's role in that outcome. A competent lawyer ought to at least advise clients of the alternatives to resolving their disputes by court sanctioned litigation. The most popular alternatives to litigation are arbitration and mediation. Arbitration Limited discovery and informal hearings.
Parties choose the arbitrator.
Award enforceable in court. Mediation Even less formal and costly than arbitration. Neutral third-party helps the parties reach their own resolution. If a mediation fails, it becomes an arbitration. Explaining The Retainer Agreement Should be in writing and specific.