The author is a professor of law at the Pepperdine University School of Law, Malibu, Calif. This paper was presented at the AAA's International Symposium on Dispute Resolution in Los Angeles last November.
Twenty years ago, alternative dispute resolution (ADR) was primarily the concern of a few "ivory tower" academics; 10 years ago, it was a part of the practice of a few idealistic practitioners; today, it is an integral part of the practice of law.
However, there are still some attorneys who, as a result of ignorance or personal taste, have resisted the move to ADR. Lawyers who fail to present the option of pursuing alternatives to litigation to clients may be at risk of attorney discipline or malpractice liability.