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Collaborative Lawyers’ Duties To Screen The Appropriateness Of Collaborative Law And Obtain Clients’ Informed Consent To Use Collaborative Law, John Lande, Forrest S. Mosten
Collaborative Lawyers’ Duties To Screen The Appropriateness Of Collaborative Law And Obtain Clients’ Informed Consent To Use Collaborative Law, John Lande, Forrest S. Mosten
John Lande
Collaborative Law (CL) is an innovative dispute resolution process that offers significant benefits but also poses significant non-obvious risks. In CL, the lawyers and clients sign a “participation agreement” promising to use an interest-based approach to negotiation and fully disclose all relevant information. A key element of CL is the “disqualification agreement,” which provides that both CL lawyers would be disqualified from representing the clients if the case is litigated. CL is designed to encourage parties to stay in the process which can be good, though sometimes parties feel stuck there, having invested thousands of dollars and at risk of …
Adr, The Judiciary, & Justice: Coming To Terms With The Alternatives, Erin Ryan
Adr, The Judiciary, & Justice: Coming To Terms With The Alternatives, Erin Ryan
Erin Ryan
[This student note is the closing chapter of the Harvard Law Review “Developments in the Law” issue for the year 2000, devoted to developments in civil litigation.] Any discussion of recent developments in civil litigation must address the virtual revolution that has taken place regarding alternative dispute resolution (ADR). Attorneys have witnessed a steady growth in their clients' recourse to ADR in place of lawsuits, and ADR is increasingly incorporated into the litigation process by the judiciary itself—in the form of court-annexed arbitration, mediation, summary jury trials, early neutral evaluation, and judicial settlement conferences. “Alternative” models of dispute resolution have …