ADR is Not a Household Term: Considering the Ethical and Practical Consequences of the Public's Lack of Understanding of Mediation and Arbitration

Abstract

This Article confirms what many dispute resolution professionals have long feared - that alternative dispute resolution (ADR) processes, such as mediation and arbitration, are still not well understood by the general public. This paper provides the results of an empirical study on whether the public and ADR professionals understand key features of these processes. While the study generally supports the hypothesis that dispute resolution professionals have similar understandings of what these processes are, the lay sample uncovered key misunderstandings. These misunderstands have serious ethical implications for lawyers, courts, and dispute resolution professionals. Given the importance of informed decision-making, the authors recommend increased communication with clients about alternative processes and how those processes may meet client needs.

Keywords: alternative dispute resolution, mediation, arbitration, negotiation, ethics, counseling,