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A Practical Approach to Alternative Dispute Resolution

A Practical Approach to Alternative Dispute Resolution (5th edn)

Susan Blake, Julie Browne, and Stuart Sime
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date: 25 April 2024

p. 826. Professional Ethicslocked

p. 826. Professional Ethicslocked

  • Susan Blake, Susan BlakeProfessor, Barrister and Associate Dean of Education, The City Law School, City, University of Londona
  • Julie BrowneJulie BrowneAssociate Professor, Barrister and Deputy Course Director of the BPTC, The City Law School, City, University of London
  •  and Stuart SimeStuart SimeProfessor, Barrister and Course Director of the BPTC, The City Law School, City, University of London

Abstract

This chapter evaluates professional ethics in alternative dispute resolution (ADR) processes. Lawyers must advise their clients about ADR options at all stages of the dispute. They can provide an ADR service for clients, provided there is no conflict of interest. In ADR processes, lawyers must observe the rules of the Bar Code of Conduct or the Solicitors Regulation Authority (SRA) Principles and Code of Conduct. If the lawyer is acting under a conditional fee agreement (CFA), a damages-based agreement (DBA), or in a case with third-party funding, care must be taken to ensure that the settlement is in the client's best interests. When acting in mediation or negotiation, a lawyer must act within the client's instructions and take care not to mislead the other side; disclose confidential information to the other side (or the mediator) unless the client consents; reveal the details of the negotiation or what took place in mediation to third parties or to the court; and exceed the limits of their authority.

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