When lawyers act as mediators or arbitrators: legal practice and insurance consequences in South Australia
This article examines whether lawyers acting as mediators or arbitrators are engaged in ‘legal practice’ under the Legal Practitioners Act 1981 (SA), and the implications for professional discipline and compulsory professional indemnity insurance. It argues that while neutral ADR is not ‘legal practice’, liabilities arising from such work may still be covered where conducted through, and in connection with, an active and insured legal practice.
Is alternative dispute resolution the better alternative for insured parties?
Adam Rosser presented to insurance professionals of the Australian Professional Indemnity Group on the topic of alternative dispute resolution.
All too often, parties (insured or not) get trapped in a cycle of litigation to the death or to exhaustion. In this paper, Adam looks at some alternatives and when they are appropriate.