The use of alternative dispute resolution (ADR) in any of its forms can present a range of ethical issues to counsel, mediators and arbitrators. ADR has become an established part of the conflict resolution landscape, whether privately, in court, or via agency mandate. The importance, therefore, of “conflict competence” in advising and representing parties in both transactional and adversarial contexts cannot be sufficiently overemphasized.
This 60-minute recorded webinar examines the ethical issues faced by party representatives in commercial ADR and the potential impact of ethics breaches.
Some of the questions answered include the following:
- What obligations does the attorney have to inform and advise the client about the existence and range of ADR alternatives?
- What are the various participants’ disclosure obligations during the neutral selection process?
- What are the attorneys’ professional obligations in representing clients in mediations, especially as to truthfulness and restrictions on ex parte contacts and contacts with represented and unrepresented parties?
- Are there limits on party self-determination in mediation and, if so, what are they?
- What constitutes “good faith participation” in mediation?
- Who can represent clients in mediation and arbitration?
- What are the attorneys’ professional obligations in representing clients in arbitration, especially as to the Rules of Civility?
- What authority and/or obligations do arbitrators and mediators have to report unprofessional conduct?
- What can and should be reported to the court in court-annexed ADR?
WHO WOULD BENEFIT FROM THIS PRESENTATION – Arbitrators, mediators, advocates, academics, and anyone interested in the dynamics of ADR.
What others are saying about this presentation...
Interesting subject matter which raises many issues and thoughts about ethical dilemmas which have no bright line answers. Definitely worth the time and minimal tuition.
It was a worthwhile one hour of my busy day.
^ A link to this recorded webinar's supplemental material appears above at left. You may download the materials once you have registered for the recording.
This program does not qualify for the AAA's annual Arbitrator Continuing Education (ACE) requirement.
Launching the Course After Registration
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CLE is currently not offered on AAA recorded webinars. Some jurisdictions will allow CLE credit for online programs, and we suggest that you confirm CLE credit availability for this type of program with the appropriate state CLE regulator. A Certificate of Attendance will be provided upon request.
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