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From page 33... ...
33 or working with a diverse set of stakeholders in a multiparty environmental dispute. Also, expectations for neutrals appeared to vary depending on the program, the parties, the specific issue in controversy, and the sophistication of users.
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From page 34... ...
34 clients to make informed judgments on the choices of dispute resolution methods against the contingency of future disputes.123 Several states have even amended their ethics standards in recent years to require that attorneys understand ADR processes and explain these options to clients.124 It is clear, then, that ADR methods are becoming a part of the mainstream for all lawyers and their clients. Even so -- and notwithstanding impressive results and testimonials in some settings -- it would be naive to suggest that ADR and other collaborative processes are panaceas or that they will work (or be needed)
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From page 35... ...
35 • Helping the neutral gain familiarity with the substantive issues, identify questions to ask, and perhaps do some advance research to assure that ADR sessions are efficient. • The benefit of attending an ADR session prepared to understand, explain, and address relevant information and issues: • Laws and other authorities affecting effective agency ADR use (e.g., authority, confidentiality, open records)
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From page 36... ...
36 • Offering to key personnel training in interestbased negotiation and effective participation in ADR processes. Agencies that establish ADR programs may find the following useful: • To plan and implement ADR activities in ways that seek early, meaningful input of representatives of all appropriate stakeholders in order to have a greater probability of acceptance and long term satisfaction; • To obtain resources adequate to sustain an ADR program; • To employ ADR training and outreach to assure broader understanding and acceptance among potential users; • To use ADR agreements and standard practices that provide maximum confidentiality protection of neutrals' and parties' communications made during ADR processes, consistent with applicable statutes and rules (see details in Section IV.F)
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