Celesq® Upcoming Webcasts

Date Published: 06/05/2018

Ethical Issues in Mediation: Practice Pointers for Counsel and Mediators

For most lawyers involved in dispute resolution (and many practicing in other areas of the law), mediation is an inevitable aspect of professional experience. Mediation, however, involves roles and relationships that can vary greatly from “standard” elements of practice, and presents new ethical challenges for counsel. This program addresses fundamental ethics issues in mediation, and suggests practical solutions to the challenges presented by this unique environment. Model Rules discussed include:
Rule 1.1: Competent representation
Rule 1.12: Conflicts involving mediators
Rule 2.1: Informing clients about mediation
Rule 2.4: The role of the mediator
Rule 4.1: Duty of truthfulness
Rule 8.3: Reports of disciplinary violations
Ethics opinions discussed include:
ABA Opinion 06-439
ABA Settlement Guidelines (2002)
In re RDM Sports, 277 BR 415 (Bankr. N.D. Ga. 2002)
In re Waller, 573 A.2d 780 (D.C. 1990)

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