The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
This Practice Note considers:
the basis of your obligations with regard to alternative dispute resolution (ADR) generally
your obligations with regard to advising your client
the specific role you will play in preparing for and attending a mediation, including the characteristics which will need to define your practice and conduct in this respect
any subsequent work you may need to execute after the mediation has ended
ADR, and especially mediation is increasingly a feature of modern day dispute resolution. If you have not attended a mediation before, it is recommended that you seek to do so in order to observe. It is vital that you are able to fully advise your client on the suitability of the dispute for mediation and the potential costs consequences of not being willing to mediate. Some mediation organisations provide specific training for lawyers on how to be an advocate in mediation (eg CEDR) and they will also provide talks for lawyers on mediation. These can be extremely useful to attend before participating in a mediation.
Your role with regard to ADR and mediation begins at the very outset of a matter when you review with your client the various dispute resolution options. Unless the contract in dispute contains a dispute resolution clause specifying mediation as the method, the discussion must include
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