Article
Mandatory ADR Notice Requirements: Gender Themes and Intentionality in Policy Discourse
Harvard Negotiation Law Review
(2016)
Abstract
A number of regulatory bodies impose a mandatory duty on lawyers to notify their clients of alternative forms of dispute resolution in connection with any engagement involving a conflict, potential lawsuit, or lawsuit. The propriety of such a requirement is subject to an on-going, and increasingly predictable, debate focused upon the scope of the duty and any exemptions therefrom and upon its intrusiveness vis-à-vis lawyer autonomy. This article reviews the relevant ethical rules and the debate inspired thereby; considers the gender-related themes present and, more importantly, absent in this debate; and raises questions about the possible pragmatic and policy-related impacts and relevance of these themes.
Disciplines
Publication Date
2016
Citation Information
Becky Jacobs. "Mandatory ADR Notice Requirements: Gender Themes and Intentionality in Policy Discourse" Harvard Negotiation Law Review Vol. 22 (2016) Available at: http://works.bepress.com/becky-jacobs/19/