Roles and responsibility of lawyers and parties in ADR

Question 1

What duty do the lawyers and parties have?

Answer 1

assist the court in furthering the OO

Question 2

Does the lawyer have the authority to settle on behalf of the client?

Answer 2

YES

Question 3

What happens to the lawyer authorises that goes against the client’s wishes?

Answer 3

still bound but can bring a claim against the lawyer

Question 4

How do you protect a lawyer and client?

Answer 4

specify at the beginning of negotiation should be subject to client approval

Question 5

What are the main element of a lawyer?

Name a few

Answer 5

a. Giving advice at key stages and ensuring client is aware of ADR alternatives to litigation
b. Providing objective information on relevant ADR options including pros and cons and giving client sufficient guidance
c. Advising client on pre-action obligations considering ADR
d. Advising the client on obligations under the OO
e. Ensuring the client is aware of penalties when refusing ADR
f. Advise in funding and costs in relation to ADR
g. If ADR is selected, give clear instructions and objectives to be achieved
h. If ADR is not selected, ensuring that objectives reasons are identified, and sufficient evidence of those reasons retained
i. If appropriate selecting of an independent third party to conduct an ADR process
j. Advising on strengths and weaknesses of a case as part of assessing a case for the use of non-adjudicative ADR, if necessary, giving robust advice
k. Considering and advising on offers in relation to non-adjudicative ADR
l. Advising on and drafting terms of the settlement