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:
Mediation Advocacy by Jack Cooley – This book guides lawyers in making the shift to being the "architect of dispute resolution processes," while still being a zealous advocate.
"Mediation Advocacy: Partnering with the Mediator" – Discusses the need for lawyers to adopt a new mindset when in mediation
"Representing Clients in Mediation: A Mediator's Perspective" – Provides instruction in mediation advocacy
Court ADR Research Library - Database Search (Additional Options) - Select "Advocacy" under Topics Covered
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 Standards of Conduct for Mediators – The widely accepted standards developed by the American Bar Association, the Association for Conflict Resolution and the American Arbitration Association
Model Standards of Practice for Family and Divorce Mediation – Developed by the Association of Family and Conciliation Courts, these standards are exemplary.
The Code of Ethics for Arbitrators in Commercial Disputes – Standards established by the American Bar Association and the American Arbitration Association for all forms of commercial disputes
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
Mediation Career Guide: A Strategic Approach to Building a Successful Practice by Forrest Mosten – This book describes how to launch a mediation career.
Court ADR Research Library – Database Search – Suggested search terms include standards, skills, ethics
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:
Court ADR Instruction Manual – Court Rule Nuts & Bolts – This pithy guide explains the issues, what is needed and what to avoid in creating court ADR rules.
Court ADR Instruction Manual – Court Form Nuts & Bolts – Along with the rules, a program needs forms, and good samples are all here to be copied and adapted.
ADR Handbook for Judges by Donna Stienstra and Susan M. Yates – A cast of experts explains the ins and outs of every kind of court ADR program in this 500+ page book from the ABA. It is more than a "handbook," and useful to anyone working on court ADR programs, not just judges.
Court ADR Research Library – Database Search – Suggested search terms include program design and implementation; ethics; standards
Lawyers educating about ADR
Good resources for handouts at bar functions, community meetings, law firm gatherings, etc. are:
Court ADR Pocket Guide – A quick tour through the what, how and why of court ADR
"A Bibliographic Summary of Studies of ADR Programs" by Jennifer Shack – In partial answer to the question "Does mediation save time and money and is it more satisfying to the participants?" this bibliography looks at dozens of studies to see what they found.
"Mediation Can Bring Gains, But Under What Conditions?" by Jennifer Shack – Summarizes what was found in the bibliography
"What You Need to Know about Dispute Resolution: The Guide to Dispute Resolution Processes" by the American Bar Association – Gives short explanations of the many dispute resolution processes available through court programs and private entities
Links to organizations and court offices of court ADR across the country are at Court ADR Research Library – Court ADR Links.
"Alternative Dispute Resolution: Options for Resolving Your Dispute" from the California Judicial Council – A guide for those new to ADR, it includes information on major dispute resolution processes and when they are most appropriate.
Court ADR Research Library – Database Search – Suggested search terms include appropriateness, benefits of ADR
Legal aid lawyers
Good resources for legal aid lawyers and anyone involved with courts serving poor and low-income disputants are:
Accessing Justice through Mediation: Pathways for Poor and Low-Income Disputants by Susan M. Yates, et al. – The models from this study of the mediation and legal aid systems in Illinois and how they could work together to build better access to justice for poor and low-income disputants could be used elsewhere.
Settlement Assistance Program for Pro Se Litigants in the Northern District of Illinois – An interesting model of a partnership between attorneys and the court