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FOR LAWYERS

Because lawyers can approach court ADR programs from a variety of perspectives, resources here have been selected to reflect that. Below find resources for lawyers acting as advocates in ADR processes, neutrals and program creators. Information for conducting outreach about ADR and resources especially for legal aid attorneys have been selected, as well.

Lawyers as advocates in court ADR processes

The skills required to be a good advocate in mediation can be different from standard lawyering skills, while skills needed in other ADR processes, such as arbitration, may not differ as greatly. Resources to hone advocacy skills include:

Lawyers as neutrals. . .

  • Need to know about mediator, arbitrator and other neutral's ethical standards and how they differ from those for lawyers.

  • Need to consider confidentiality and self-determination when they apply, as well as impartiality and conflicts of interest.

  • Often want to know how to become ADR professionals on a full-time basis.

Resources:

  • Model Rules for the Lawyer as Third Party Neutral by the CPR-Georgetown Commission on Ethics - Addresses both ethical and professional responsibility issues faced by lawyers who serve as third-party neutrals

  • Guidelines for Parenting Coordination by the Association of Family and Conciliation Courts – Include ethical and qualification standards as well as assistance to courts looking to implement a parenting coordination program

Lawyers creating or improving court ADR programs

The place to start with any court ADR program to be sure the program structure is solid.

The structure for court ADR programs generally is found in their court rules and forms.

Resources:

Lawyers educating about ADR

Good resources for handouts at bar functions, community meetings, law firm gatherings, etc. are:

Legal aid lawyers

Good resources for legal aid lawyers and anyone involved with courts serving poor and low-income disputants are: