ADR and the legal professions in planning and environmental disputes : strategic role positioning and institutional barriers

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Bonomally, Sneha and Agapiou, Andrew (2025) ADR and the legal professions in planning and environmental disputes : strategic role positioning and institutional barriers. International Journal of the Legal Profession. pp. 1-15. ISSN 0969-5958 (https://doi.org/10.1080/09695958.2025.2539100)

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Abstract

This article investigates the limited uptake of alternative dispute resolution (ADR) among UK-based lawyers engaged in environmental and planning disputes. Drawing on a mixed-methods study comprising 120 survey responses and 12 in-depth interviews, it explores how legal professionals interpret and negotiate ADR within a professional field structured by adversarial norms. Three interlocking themes are identified: institutional disincentives that discourage early settlement; strategic role positioning, in which lawyers align with adversarial expectations to preserve legitimacy; and ethical ambivalence, reflecting uncertainty about responsibility and procedural justice in informal forums. These findings challenge the notion that ADR underuse is simply a function of awareness or training deficits. Instead, they reveal deeper institutional and symbolic dynamics constraining ADR's legitimacy in UK legal practice. The article situates these patterns within a broader sociological framework and contrasts them with successful ADR integration in Australia's Land and Environment Court. It argues for a shift in professional norms and institutional support to normalise mediation as a credible and ethically grounded mode of dispute resolution in environmental law.

ORCID iDs

Bonomally, Sneha and Agapiou, Andrew ORCID logoORCID: https://orcid.org/0000-0001-8598-9492;
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