Perhaps most important of these is the ability to use ADR at the appropriate time in a case whilst engaged in more traditional forms of resolution. There may also be a place for the old Rottweiler in the legal world where, for instance, a point of principle needs to have a Judgment attached. This, in my view, is rarely necessary. Even so, now the overt aggressors must be conscious of what they are doing and why. There needs to be an ability to be a chameleon, changing skin and modus operandi according to the demands of the situation.
Solicitors can no longer be one track animals.
Further, ADR requires a different mentality, not just from the lawyers, but, as I have said, by their masters, the instructing insurers and reinsurers. The insurance industry from top to bottom must appreciate the all or nothing modus operandi only loses them money and in all probability, business. You should be able to come out of mediation having successfully achieved your specific and broad business objectives. You should not fear that being an instigator would be seen as a sign of weakness. It can be seen as a sign of strength.