Bette J. Roth, a mediator and arbitrator who also teaches mediation at Boston University School of Law, is a member of the MDRS Panel of Neutrals. Ms. Roth’s “10 tips for effective – and ethical – negotiation” was recently featured in Massachusetts Lawyers Weekly. As business counsel and mediator, Ms. Roth emphasizes the importance of preserving clients’ integrity throughout the dispute resolution process, considering whether factors in the case will lead to ethically sound decision-making, open-mindedness and optimism.
Ms. Roth also reminds counsel that a particular deal associated with the outcome of a case should reflect the client, not the lawyer. Alternative Dispute Resolution through arbitration, mediation, and other processes, often removes ego from a case because the counsel is involved closely with multiple parties and has the benefit of acting truly objectively, or neutrally.
ADR is a fantastic process that facilitates the kind of negotiation Ms. Roth encourages; the kind that leads to interest- and integrity-based “win-win” solutions.