I have been teaching both alternative dispute resolution ("ADR") and professional responsibility for a long time, and I will devote the majority of this essay to reporting on some of the enormous changes and developments in this field. However, I will begin with a mea culpa at a higher level of ethical consciousness than the rules that govern us, or are about to govern us, typically use. I have spent the last five years of my life writing ethical rules for ADR, and I am worried about the future of this field. There are many changes occurring in ADR, and I now fear that, because of all the activity, we are about to encounter the possibility of "conflicts of laws" with respect to ethics in the practice of alternative dispute resolution. If we do not already, we soon will have many different rule systems governing our practice, some of which explicitly conflict with each other and others of which are implicitly or indirectly in conflict.
28 Fordham Urb. L.J. 979-990 (2001)
Scholarly Commons Citation
Menkel-Meadow, Carrie, "Ethics in ADR: The Many "Cs" of Professional Responsibility and Dispute Resolution" (2001). Georgetown Law Faculty Publications and Other Works. Paper 524.