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Legal Ethics

Legal Ethics (3rd edn)

Jonathan Herring
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date: 02 December 2023

p. 35311. Alternative dispute resolutionlocked

p. 35311. Alternative dispute resolutionlocked

  • Jonathan Herring


This chapter examines the ethical issues raised by alternative dispute resolution (ADR). It first looks at the process of negotiation, which is the way in which lawyers resolve most disputes. It then considers other forms of ADR, including mediation and, briefly, arbitration. The chapter highlights the advantages and disadvantages of these processes. There are particular concerns where one party is in a stronger bargaining position, for example in a family case which has involved domestic abuse. There is also much debate over the role a mediator should play, andin particular over whether a mediator should take a neutral role or persuade the parties to reach what they regard as a fair settlement. It also considers what attracts clients to use these forms of dispute resolution.

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