Ethics Governance
Ethics & Governance - Resources and Articles |
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| Article - Abstract. To view full article click on the article title. | |
Shifting Paradigms: The Unauthorized Practice Of Law Or The Authorized Practice Of ADR Shifting Paradigms: The Unauthorized Practice Of Law Or The Authorized Practice Of ADR, John W. Cooley. The following article is a call to arms against the threat of the "lawerization" and "parochialization" of ADR practices. Giving detailed examples, John Cooley shows ADR professionals how to defend themselves against the mounting attack on the ADR "profession" by those who would resist the new paradigm of ADR: that is, new sets of rules that offer "more successful solutions to problems than those acheivable by the prevailing rules." 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 Introduction In case you have not noticed, the very foundations of our fledgling ADR profession are under attack. Two states -- Virginia and North Carolina -- have already implemented guidelines defining certain mediator activities to be the practice of law. (1) Bar Associations across the country are uniting in an effort to expand the definition of "the practice of law" to incorporate the broadest scope of human activity possible. The American Bar Association's Ethics 2000 Commission is currently proposing and seeking comments on new rules that directly address the role of the lawyer as a neutral -- as being something distinct and different from the role of the non-lawyer neutral. (2) Paralleling these thrusts is the American Bar Association's internal debate on multi-disciplinary practice of law which ultimately could have a very destructive impact on the multidisciplinary practice of alternative dispute resolution. Full Article: http://www.mediate.com/articles/cooley2.cfm |
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2006 Ethics-Governance.com |
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