Archive for the 'Ethics' Category

Collaborative Law Struggles Bravely

Posted by F. Peter Phillips on August 18, 2009 under Conflict Resolution, Ethics, Mediation

I first came upon the term “Collaborative Law” in 2006 when I met David Hoffman of Boston Law Collaborative.  David is a remarkable guy and could sell ice to an Eskimo if he thought the ice would be a benefit.  As concerns collaborative law, David is tireless in his advocacy, and he has every reason to be.  It sets lawyers to work on solving clients’ problems.  Strangely, some lawyers object on ethical grounds.  (Now, now, don’t smirk!) Read more »

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Basic Ethics of Business Negotiators

Posted by F. Peter Phillips on August 4, 2009 under Ethics, Mediation

At the Chicago ABA Meeting, a helpful panel was presented on “Ethics Basis for Business Lawyers.”  The discussion of Rule 4 — addressing responsibilities with respect to persons other than clients — boiled down to the ethics of negotiation.  One of my favorite definitions of mediation is “negotiation with adult supervision” and it is interesting to look at the process through the ethical constraints — not of the mediator — but of the negotiating counsel. Read more »

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