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Author: Publisher: Aspatore Books ISBN: 9780314279699 Category : Dispute resolution (Law) Languages : en Pages : 0
Book Description
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.
Author: Phyllis Bernard Publisher: American Bar Association ISBN: Category : Law Languages : en Pages : 536
Book Description
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.
Author: Publisher: Aspatore Books ISBN: 9780314279699 Category : Dispute resolution (Law) Languages : en Pages : 0
Book Description
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.
Author: Julli Markgraf Publisher: GRIN Verlag ISBN: 3638258211 Category : Law Languages : en Pages : 42
Book Description
Seminar paper from the year 2003 in the subject Law - Comparative Legal Systems, Comparative Law, grade: D - good, Bond University Australia (Law School), course: International Commercial Arbitration, language: English, abstract: While the discussion about vocational standards continues, numerous associations have drafted competence and ethical standards for either mediators or arbitrators as well as for both procedural methods. Ethical standards focus more on the procedural process and the duties and virtues of the leader of the procedure than on the occupational competence standardization, such as codes of practice, benchmarks, agreements, models and exemplars which are the “classical” forms of standards for practices.5 Codes of practice determine the vocational rules of a profession, which may contain penalty regulations for misconduct. Benchmarks are a set of options which orient on successful approaches which have been proved in a certain professional field. Agreements focus on the “Agreement to Mediate” which the parties voluntarily agree on when using ADR. Models are preconceived rules or assessing criteria, which can be adopted to centralize the standardization approach. Exemplars are the collection and evaluation of successful ADR cases, which can be optionally awarded.6 Predominantly, ethical standards appear as an appendix of codes of practice, wherein certain etiquettes, virtues and qualities of the procedural leader are determined. 5 NADRAC, A Framework for ADR Standards, p. 52-55. 6 NADRAC, A Framework for ADR Standards, p. 52-55.
Author: Lola Akin Ojelabi Publisher: ISBN: 9781760021306 Category : Dispute resolution (Law) Languages : en Pages : 176
Book Description
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.
Author: Catherine A. Rogers Publisher: Oxford University Press, USA ISBN: 9780198713203 Category : Law Languages : en Pages : 0
Book Description
International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.
Author: David McArdle Publisher: Routledge ISBN: 1136479422 Category : Law Languages : en Pages : 211
Book Description
An increasing number of sport disputes are being resolved by way of arbitration. This is the first book to critically examine the processes and benefits of sportspecific arbitration as compared to litigation. The book explores, in depth, the development of alternative dispute resolutions in sports, paying particular attention to high-profile institutions such as the Court of Arbitration for Sport, the FIFA Football Dispute Resolution Panel and important national-level bodies, and their relationship with national and international-level actors such as the IOC, WADA and the European Union. It also examines in detail the legal frameworks within which sports arbitration systems operate, considers their similarities with other arbitral bodies and considers the extent to which ADR in sport can be seen as a consequence of, and perhaps a solution to, the ‘juridification’ of sports. Offering a theoretical basis with which to understand the relationship between arbitration and litigation, as well as providing guidance on key contemporary issues and best practice, this book is important reading for students, researchers and practitioners working in sports law, sports management and administration, sports politics, sports ethics, and international organisation.
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Author: Phyllis Bernard
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Author: Julli Markgraf
Author: Omer Shapira
Author: Lola Akin Ojelabi
Author: Nina Harding
Author: Catherine A. Rogers
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Author: David McArdle