The Role of Ethics in ADR

The Role of Ethics in ADR
Author:
Publisher: Aspatore Books
Total Pages: 0
Release: 2011
Genre: Dispute resolution (Law)
ISBN: 9780314279699


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The Role of Ethics in ADR provides an authoritative, insiders perspective on the ethical considerations that attorneys need to be aware of during alternative dispute resolution. Featuring partners from some of the nations leading law firms, this book guides the reader through todays ADR arena and the ethical concerns that lawyers are currently facing. With a focus on issues such as disclosure, neutrality, and the rule of candor, these top lawyers analyze the various ethical rules and protocols to which attorneys, arbitrators, and mediators must adhere and how they come into play during the actual ADR process. These authors also discuss what to do when the rules overlap or are inconsistent, or if an ethical violation is suspected. Finally, these leaders identify strategies for preparing clients for the ADR process, explaining their options, and developing a successful attorney-client relationship. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this critical field.

Dispute Resolution Ethics

Dispute Resolution Ethics
Author: Phyllis Bernard
Publisher: American Bar Association
Total Pages: 536
Release: 2002
Genre: Law
ISBN:


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This book lays out the groundwork for dispute resolution ehtics at a time when the public is clamoring for ethical behavior in all walks of private and professional life.

A Theory of Mediators' Ethics

A Theory of Mediators' Ethics
Author: Omer Shapira
Publisher: Cambridge University Press
Total Pages: 499
Release: 2016-03-14
Genre: Law
ISBN: 1107143047


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Omer Shapira proposes and justifies a theory of mediators' ethics which guides mediators' conduct and applies to mediators at large.

Ethics of ADR

Ethics of ADR
Author: Nina Harding
Publisher:
Total Pages:
Release: 1999
Genre: Arbitration and award
ISBN:


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Ethical Issues in Alternative Dispute Resolution

Ethical Issues in Alternative Dispute Resolution
Author: Lola Akin Ojelabi
Publisher:
Total Pages: 176
Release: 2017-02-13
Genre: Dispute resolution (Law)
ISBN: 9781760021306


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Addressing ethical issues in alternative dispute resolution (ADR) processes in no easy feat. What can an ADR practitioner do to support party self-determination when there is concern about a party's capacity; what is a practitioner's responsibility for substantive justice; does a practitioner's competence impact on the justice outcome. How an ADR practitioner responds to ethical concerns will influence the quality of justice, both procedural and substantive. The articles in this Special Issue, drawn from those presented at an ADR Ethics symposium for ADR practitioners in 2015, provide insights into aspects of justice, quality and practice issues in diverse ADR settings including mediation, family dispute resolution, restorative justice and statutory dispute resolution. Collectively the articles advance our understanding of the complex issue of ADR ethics. Ethics in Alternative Dispute Resolutionis a special issue (Volume 35 No 1) of the journal Law in Context. You can purchase a single copy of this issue through this page, or subscribe to the journal from the journal page.

What's Fair

What's Fair
Author: Carrie Menkel-Meadow
Publisher: John Wiley & Sons
Total Pages: 594
Release: 2004-03-29
Genre: Business & Economics
ISBN: 0787973637


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What's Fair is a landmark collection that focuses exclusively on the crucial topic of ethics in negotiation. Edited by Carrie J. Menkel-Meadow and Michael Wheeler, What's Fair contains contributions from some of the best-known practitioners and scholars in the field including Roger Fisher, Howard Raiffa, and Deborah Kolb. The editors and distinguished contributors offer an examination of why ethics matter individually and socially, and explain the essential duties and values of negotiation beyond formal legal requirements. Throughout the book, these experts tackle difficult questions such as: What do we owe our counterparts (if anything) in the way of candor or disclosure? To what extent should we use financial or legal pressure to force settlement? Should we worry about whether an agreement is fair to all the parties, or the effects our negotiated agreements might have on others?

Mediation in International Commercial and Investment Disputes

Mediation in International Commercial and Investment Disputes
Author: Catharine Titi
Publisher: Oxford University Press, USA
Total Pages: 417
Release: 2019
Genre: Law
ISBN: 0198827954


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Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.

Mediation Ethics

Mediation Ethics
Author: Ellen Waldman
Publisher: John Wiley & Sons
Total Pages: 470
Release: 2011-03-29
Genre: Law
ISBN: 0787995886


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Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness. Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting. Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation. Commentaries by Harold Abramson Phyllis Bernard John Bickerman Melissa Brodrick Dorothy J. Della Noce Dan Dozier Bill Eddy Susan Nauss Exon Gregory Firestone Dwight Golann Art Hinshaw Jeremy Lack Carol B. Liebman Lela P. Love Julie Macfarlane Carrie Menkel-Meadow Bruce E. Meyerson Michael Moffitt Forrest S. Mosten Jacqueline Nolan-Haley Bruce Pardy Charles Pou Mary Radford R. Wayne Thorpe John Winslade Roger Wolf Susan M. Yates

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737


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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.