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Full-Text Articles in Law

Perspective On The Rand Report: The Dialogue Continues, Richard C. Reuben Jul 1997

Perspective On The Rand Report: The Dialogue Continues, Richard C. Reuben

Faculty Publications

This issue of Dispute Resolution Magazine focuses on the RAND Report, offering a wide variety of perspectives on the study and its significance. It begins with RAND's own summary of its methodology, findings, and preliminary conclusions.


A Post-Conference Reflection On Separate Ethical Aspirations For Adr's Not-So-Separate Practitioners, John Q. Barrett Jan 1997

A Post-Conference Reflection On Separate Ethical Aspirations For Adr's Not-So-Separate Practitioners, John Q. Barrett

Faculty Publications

At "The Lawyer's Duties and Responsibilities in Dispute Resolution" Symposium at South Texas College of Law, Oct. 25, 1996, a central topic of discussion was ADR's ethical separateness. There was a shared sense that ADR providers and practitioners confront a range of ethical issues that differ from those that confront non-ADR lawyers. On this view, because rules of professional responsibility are geared toward more adversarial forms of legal practice, they at best provide no answers and may provide wrong answers to ethical questions that arise in ADR. One solution would be to create new, separate, "role-specific" ethics rules for ADR …


The Lawyer Turns Peacemaker, Richard C. Reuben Aug 1996

The Lawyer Turns Peacemaker, Richard C. Reuben

Faculty Publications

No doubt millions of people and businesses have benefited from simpler, less stressful modes of dispute resolution. Moreover, ADR is primed for much greater growth, as witnessed by the breathtaking expansion of court-related programs, the rush of lawyers and nonlawyers alike to mediation training seminars, and the pledge of thousands of businesses and large law firms to consider ADR options. But the child born of necessity is still, at best, teetering between adolescence and adulthood. For all of its potential to reshape the ways problems are solved, it still shows a dark side-coercion, conflicts, competency issues and commercialism -that leaves …