While ADR provides alternative processes for reaching an agreement without the need to go to court you may still wish to consult a lawyer to help you understand your legal rights and responsibilities before you begin. There is no requirement that you involve a lawyer or have a lawyer with you at any stage of these ADR processes.

A lawyer can assist you by:

• providing information and advice about each process so that you can work out which is best suited to your situation;
• providing information and advice about the merits of your case, your legal rights and responsibilities and the possible outcomes if you went to court so you can evaluate any proposed settlement against your best and worst case scenarios;
• helping you clarify what you want to achieve from the ADR process as a range of outcomes from the best possible settlement to the point at which you need to walk away;
• assisting you to formulate a realistic plan for what you will do if the ADR process breaks down;
• referring you to an ADR practitioner. This is a useful resource as your lawyer will usually have a list of reputable ADR practitioners to refer you to so that you can feel assured you are in safe hands;
• negotiating on your behalf with the other party to try and reach an agreement to avoid the need for more formal ADR or going to court;
• assisting you during your mediation. In this context your lawyer will take a back seat as mediation provides you with an opportunity to engage directly with the other party. Your lawyer can help you in your preparation and attend with you to ensure that your rights are protected (particularly at the agreement signing phase);
• helping you in your preparation and attend your conciliation with you to ensure that your rights are protected (particularly at the agreement signing phase);
• helping you in your preparation and attend your arbitration with you to ensure that your rights are protected (particularly in understanding the rights and obligations that flow from the Arbitrator’s decision).

As in any legal case a lawyer is there to provide you with advice and must follow your instructions. They can provide you with information about the law and processes, how they apply to your case and discuss options with you including the strengths and weaknesses of each method of ADR. Some lawyers have a very adversarial mindset which means they are focussed on fighting it out in court. This kind of lawyer will be less useful to you in an ADR process. It can be a good idea to check that you and your lawyer have the same understanding of the process and what you want to achieve before you provide them with your instructions.