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 to comply with a court order for ADR. For more information, see Practice Notes:
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Jurisdiction(s):
United Kingdom
Key definition:
Alternative dispute resolution definition
What does Alternative dispute resolution mean?
A catch-all phrase describing the resolution of disputes other than by litigation.
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