ABSTRACT

In the United States, a significant cultural change is taking place in legal practice as a result of the widespread introduction of court-connected and private ADR (Alternative Dispute Resolution) programmes, which aim to resolve litigation matters as early as possible by party agreement (Macfarlane, 1997; Sander, 2000). The most complex and far-reaching of these changes is a challenge to the traditional model of the lawyer as a manager of war-the strategic and skilful facilitation of peace now appears to be equally important. The increasing acceptance of ADR processes within civil litigation has immediate practical consequences for legal practice.