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W2: Attorneys and Challenges in ADR HRMT 411

This week’s lesson explored the types of ADR, the parties involved, and the challenges to success. Consider and comment on the following questions:

Attorney representation is not typically required in ADR proceedings, but it is often recommended so that each party’s interests are adequately defended. Yet, some of the key advantages to ADR over traditional litigation are simplicity and efficiency. Do you think that attorney representation in ADR helps or hurts? Why or why not?

One of the challenges discussed in this week’s lesson is that of emotion, pride, and ego impeding the ADR process. These factors are obviously present whether disputants are pursuing ADR or traditional litigation. Do you think they are more or less problematic in ADR? Do you think they are harder or easier to overcome in ADR? Explain your answers.

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