Ethics in ADR

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Ethics in ADR

Program originally presented Tuesday, December 20, 2022

Even as the pandemic recedes, court backlogs and familiarity with mediation and arbitration are likely to result in an increased use of Alternative Dispute Resolution (ADR) as an increasingly more popular means of settling conflicts. The key benefits of ADR are lower costs for the client and faster settlement of disputes. The parties also maintain greater control over the resolution process.

Participants of ADR should adhere to accepted norms of fairness and civility. In addition, attorneys and other practitioners should be aware of their ethical obligations when representing clients in an ADR setting. Using select Model Rules of Professional Conduct, retired judges Sandra Mazer Moss and Richard B. Klein will examine some of the ethical problems associated with ADR.  Get answers to the following questions, and other ethical concerns that may arise during the ADR process.

• What if the client wants to mediate just to delay and get discovery?
• Do you need to reveal a fact your opponent doesn’t know?
• Must you tell the truth about your authority?
• Is there a conflict if a lawyer has referred many other cases for arbitration to the arbitrator?
• How do you place arbitration clauses in a contract?

Through the use of vignettes, select Model Rules of Professional Conduct, and commentary, the speakers offer guidance on how to handle ethical concerns that may arise during the ADR process.

Featured Speakers:
Hon. Richard B. Klein (Ret.)
Distinguished Neutral, Dispute Resolution Institute
Co-Chair, ADR Committee

Hon. Sandra Mazer Moss (Ret.)
Distinguished Neutral, Dispute Resolution Institute

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