Ethics in Alternative Dispute Resolution: New Issues, No Answers from the Adversary Conception of Lawyers’ Responsibilities

The romantic days of ADR appear to be over. To the extent that proponents of ADR, like myself, were attracted to it because of its promise of flexibility, adaptability, and creativity, we now see the need for ethics, standards of practice and rules as potentially limiting and containing the promise of alternatives to rigid adversarial modes of dispute resolution. It is almost as if we thought that anyone who would engage in ADR must of necessity be a moral, good, creative, and, of course, ethical person. That we are here today is deeply ironic and yet, also necessary, as appropriate dispute resolution struggles to define itself and insure its legitimacy against a variety of theoretical and practical challenges

A Study for the Design and Administration of a Successful Foreclosure Mediation Program in Massachusetts

This study examines foreclosure mediation programs and legislation in ten jurisdictions across the nation as well as relevant research and scholarship in the field in order to capture best practices and lessons learned to inform the authorization and design of effective foreclosure mediation programming for Massachusetts. The lens for the examination is the need for foreclosure mediation in Massachusetts and the statutory and programmatic frameworks necessary for the design and implementation of a successful foreclosure mediation program. The study provides an account of how Massachusetts is dealing with residential foreclosures at present and the ways mediation can contribute to resolving foreclosure disputes