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How to get an advisory opinion. I
can help the parties by setting up a process and rendering a non-binding
assessment of the dispute, by doing some or all of the following:
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Assist counsel in determining
whether an Advisory Opinion is appropriate in the circumstances. |
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Assist counsel in
negotiating an Advisory Opinion Agreement. |
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Assist counsel in
scheduling the steps in the process. |
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Look for ways to
simplify the presentation of material. |
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Ensure that the
advisory opinion is based on information and potential evidence known to
all participants so the opinion has predictive value. |
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As appropriate,
produce a short written advisory opinion on the disputed issues. |
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Confer with
counsel and parties to explain the opinion. |
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After the opinion,
discuss other ADR processes that may focus the subsequent trial or
arbitration. |
Using a submission agreement.
It is often advisable to set up a process to describe the process that the
parties will use to obtain the advisory opinion. The value of the opinion
can be greatly enhanced if all parties have an agreement about how the process
will proceed. The basic format of the submission agreement should be
tailored to meet the parties' needs.
Example
of a submission agreement
Download
submission agreement
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