Ethical Issues in Mediation: Practice Pointers for Counsel and Mediators

Program Number: 2824

Program Date: 06/05/2018


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)

$95.00Audio CD Add to Cart $95.00Online Audio Add to Cart

Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, New York - Experienced Attorneys Only, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, including 1.0 Ethics credit, based on a 50-minute credit hour
60 minute credit hour - 1.0 General CLE credit, including 1.0 Ethics credit, based on a 60-minute credit hour

State Program Numbers

Credit Eligible for Experienced Attorneys Only in NY


Steven C. Bennett, Esq., Park Jensen Bennett LLP

Park Jensen Bennett LLP

Steven C. Bennett, Esq., a partner at Park Jensen Bennett LLP, focuses on complex domestic and international commercial litigation and arbitration, including bankruptcy, construction, corporate governance, data security, energy, privacy, real estate and other matters. Mr. Bennett gained extensive trial experience during six years at the Office of the United States Attorney for the Southern District of New York, where he served as Chief of the Tax and Bankruptcy Unit, and nearly twenty years as a partner in a major international law firm. He is a founding member of the Sedona Conference Working Group on International Data Security and Disclosure Issues; and a member of the E-Discovery Committee, New York State Bar Association; the Dispute Resolution Committee, New York State Bar Association; and the Editorial Advisory Committee, American Law Institute, among others. Mr. Bennett, an adjunct professor (Conflicts of Law) at Hofstra Law School, frequently speaks and writes on legal ethics, e-discovery, litigation, ADR and related issues.