Professional liability cases involve claims that someone has violated their professional duty.  This may be a lawyer who violated confidentiality requirements, a physician who committed medical malpractice, an accountant who provided bad information or a financial advisor who violated a fiduciary duty, among others.  When such issues arise, a lawsuit may be imminent.  However, there are alternatives available, namely through the use of ADR solutions.

Many forms of ADR are voluntary.  However, some parties may have agreed to a form of alternative dispute resolution such as mediation or arbitration through a contract agreement that was signed prior to any conflict actually arising.  ADR options are also confidential in nature, allowing the parties to communicate together or have their issues resolved without the concern of the public knowing the specific details involved in the case.

Another key aspect of ADR is that the parties reserve more power in the process.  For example, in mediation, the parties only get to decide how to resolve the claim.  The mediator is a person who facilitates communication but has no power to decide the facts or issues like a judge would.  While in arbitration the arbitrator does have such deciding power, he or she is personally selected as the factfinder by the parties.  Additionally, the parties can agree to narrow the issues and establish guidelines about discovery that ultimately help make the process faster and more affordable.

Decisions reached in ADR are usually firmer than those made by a court and that are subject to appeal.  Mediation agreements are binding agreements by the parties.  Except for limited circumstances, a binding arbitration agreement cannot usually be appealed.  This helps create greater finality for the decision reached in arbitration.