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GLOSSARY

ADR organisation definition

Published by a LexisNexis Dispute Resolution expert

What does ADR organisation mean?

independent organisations who can help arrange a mediation or other adr process including: • advising on the most appropriate form of ADR • identifying a suitably trained mediator • draft the mediation agreement to be signed by the parties and the mediator • deal with the administrative issues of holding a mediation such as agreeing a date, arranging an independent venue and refreshments and facilities Examples include the Centre for Dispute Resolution (CEDR), the ADR group and In Place of Strife

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Lawyer’s role in the mediation

Lawyer’s role in the mediation This Practice Note covers the lawyer’s role in mediation including the need to routinely consider and discuss the possibility of alternative dispute resolution (ADR) with the client, and if all parties decide to mediate or the court orders it, the lawyer’s role in choosing the mediator, organising the mediation, assisting and advising during the mediation and drawing up the settlement agreement. Basis of lawyer’s obligations ADR should be treated as part of the dispute resolution process and your role with regard to ADR begins at the very outset of a matter when you review with your client the various dispute resolution options. A party’s legal representative will need to advise their client about its obligations to consider ADR both before and during any litigation, and the courts’ powers with respect to ordering or encouraging the parties to consider ADR. The client should also be made aware of the potential costs consequences where a party unreasonably refuses to engage in ADR or fails...

Conduct and liability of the mediator

Conduct and liability of the mediator This Practice Note considers potential legal liability on the part of the mediator for breaching their obligations to the parties to the mediation. It also sets out what, if any, codes of conduct will apply to the mediator and considers the mediator’s role throughout the mediation process including the drawing up of any settlement agreement. The mediator is a vital part of the mediation process. If the mediation is to be successful, the parties must trust their mediator and have confidence in their abilities. For information on selecting a mediator, see Practice Note: Choosing a mediator. Basis of mediator liability—contract and/or negligence In most cases, the mediator will have signed a mediation agreement and so will be potentially liable to the parties to the agreement if they breach that agreement, subject to any limitations in the contract. For example, the mediation is likely to contain confidentiality provisions and the mediator could be liable if they breach those. For information on drafting the mediation agreement,...

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