Section 11 - Settlement and Alternative Dispute ResolutionA lawyer should raise and explore the issue of settlement and alternative dispute resolution in every case as soon as the case can be evaluated and, if feasible, mediation should be encouraged.
Specifically, a lawyer who manifests professional courtesy and civility:
(a) Advises the client at the outset of the availability of alternative dispute resolution.(b) Attempts to de-escalate any controversy and bring the parties together.(c) Does not falsely hold out the possibility of settlement as a means for terminating discovery or delaying trial.(d) Considers whether the client's interest could be adequately served and the controversy more expeditiously and economically disposed of by arbitration, mediation or other form of alternative dispute resolution.(e) Does not make a false statement of material fact or law and is reasonable in settlement activities.Amended effective 10/4/2004; amended September 7, 2017, effective 1/1/2018; amended August 22, 2023, effective 1/1/2024.