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The paramount duty

The paramount duty

By Jessica Andreacchio


Lawyers should be aware of their conduct during mediations and the obligations – both legal and ethical – associated with their role as a legal representative of a party involved in mediation. The necessity of understanding and exemplifying these vital obligations is paramount to not only mediation, but all alternative dispute resolution (ADR). ADR comprises various processes, mechanisms and practices that are exercised to assist parties in resolving a dispute without judicial determination. The Attorney-General’s department regards ADR as a “process where an independent third person helps people to resolve their dispute. ADR processes do not include judicial determinations, such as decisions made by a court or tribunal”.

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