Ethics-Governance: Article: ADR – Ethically Speaking

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ADR – Ethically Speaking ADR – Ethically Speaking, Paula M. Young. I recently had a conversation with an attorney who did not know the difference between early neutral evaluation and mediation. I meet many lay people, often the clients of other attorneys, who do not know the difference between arbitration and mediation. “So what,” you say. Take a minute to consider whether practicing attorneys have an affirmative ethical duty to know more about alternative dispute resolution (ADR). Your selected article and the entire Mediate.com Library are yours for free. First we need a small amount of information to best serve you: I am: a member of the public a mediator (including attorney-mediator) an attorney other dispute resolution professional My area code is: or no area code (International) Thanks for the opportunity to serve you. Privacy Why we ask I recently had a conversation with an attorney who did not know the difference between early neutral evaluation and mediation. I meet many lay people, often the clients of other attorneys, who do not know the difference between arbitration and mediation. “So what,” you say. Take a minute to consider whether practicing attorneys have an affirmative ethical duty to know more about alternative dispute resolution (ADR). Do they have an ethical duty to advise clients of the different ADR options available? Do the rules of court or the rules governing professional conduct require the greater use of ADR procedures to resolve a client’s disputes? The answer to these questions seems to be yes. Try It, You’ll Like It A recent study by the ABA Committee on Dispute Resolution examined what factors affect an attorney’s advice to clients to try ADR. At least sixty percent of the 2,330 attorneys surveyed had served as an advocate on behalf of a client in a case using ADR or they had served as a third-party neutral. The survey concluded that if an attorney had any experience with ADR, he or she was much more likely to recommend ADR to a client. Full Article: http://www.mediate.com/articles/young2.cfm


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