For Lawyers

Comprehensive Adjudication for Transactional Lawyers

Your long-time business client faces a difficult legal dispute and turns to you for advice. You could refer your client to a prominent litigation firm, but you know the cost of pursuing a proper outcome will likely approach or exceed the benefit of obtaining it. You do not want to recommend a strategy that is contrary to your client’s best interests but what other option can you suggest?

Fortunately, there now is a better alternative. You can recommend Comprehensive Adjudication. Instead of hiring expensive separate counsel, your client can split the cost of a neutral Adjudicator who will zealously find the legal authority and evidence supporting the positions of both the claimants and the defendants before resolving the case in an enforceable written decision. By splitting the cost of a neutral Adjudicator to vigorously investigate the law and facts, instead of each party hiring separate counsel to largely perform the same work, the parties are assured that their legal costs will be cut by 50% or more. 

At your client’s request, a Comprehensive Adjudication provider will contact the client’s legal adversary and determine their interest in a more efficient and cost-effective alternative dispute resolution system.

Comprehensive Adjudication for Litigation Lawyers 

Dealing With Conflicts 

Are you facing a conflict of interest after receiving a request to represent your client in a case against an adversary who also is represented by your law firm? In the past you had to choose from two bleak alternatives.

You could:

• Make an awkward request for a conflict waiver allowing you to litigate against a client, or
• Refer your client to a skilled law firm competitor who will likely seek to represent your client in future matters as well. 

Now there is a better alternative.

You can recommend that both clients consider Comprehensive Adjudication to decide their dispute. Instead of hiring separate legal counsel, the parties jointly interview recommended candidates and jointly select one of them to be their neutral Adjudicator. The Adjudicator does not represent either party.  Instead, the Adjudicator vigorously searches for all the legal authorities and evidence supporting the positions of BOTH parties and, after careful analysis, swiftly provides an enforceable written decision resolving the dispute.  Because the parties agree to split the cost of the neutral Adjudicator’s investigation, their costs are mathematically guaranteed to be less than half the expense of hiring your competitors to represent them in public court litigation. 

The Adjudicator must agree not to represent either party for a reasonable period into the future. 

Legal Fees That Will Likely Exceed the Benefit of Pursuing a Just Outcome

In the past, it often was necessary to advise potential clients that the complexity of their legal disputes will require legal fees that approach, or exceed, the benefit of seeking a proper outcome. Honesty required you to recommend walking away from any hope of a just result. That was then, but not anymore. 

Now you can advise your client to consider Comprehensive Adjudication. Because the expensive investigation work is performed by a single, neutral Adjudicator — and split by the parties — they are assured that their legal expenses will be less than half the cost of hiring separate counsel. And the total cost can be capped at the outset of the Adjudication. Your client now has an option that makes it economically possible to pursue a just outcome. 

Additional Resources