Alternative Dispute Resolution
Jan. 10, 2015
Ethical negotiation, successful negotiation
Despite an affirmative ethical duty to encourage clients to settle and to not delay resolution, consensual dispute resolution comes very late in litigation all too often. By Mari J. Frank
Litigation does not heal conflict, though it may end the battle. Negotiation and mediation do, because the parties themselves fashion a mutually acceptable agreement. Too often, however, consensual dispute resolution comes very late in litigation, after clients have exhausted their energy and their funds. Yet there is an affirmative ethical duty to encourage clients to settle and to not delay resolution.
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