Why get an advisory opinion? In
some commercial, personal or environmental disputes, there are legal or factual
conflicts that the parties cannot resolve without some guidance -- yet they do
not necessarily want to arbitrate or litigate to a final resolution. A
"non-binding" assessment of a legal matter may help one or more of the
disputants to reconsider their positions and options. Thoughtful
consideration of using an advisory opinion involves a number of considerations.
Two key factors are: (1) how
to set up the process and (2) considerations
as to whether an advisory opinion is appropriate. A key consideration
in the efficacy of such is the nature and predictability of the case (see schematic).
