Legal Ethics and the Mediation Process

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About This Course

Alternative Dispute Resolution (ADR) has grown a great deal over the past 10 years, particularly in the area of mediation. This process, however, is one that many counsel lack familiarity with.

This CLE course, presented by Judge Scheinkman, will explain the importance of ethical considerations as they relate to settlement negotiations. The nature of mediation requires that parties abide by ethical rules and good faith in negotiations. Trust in this regard is not a relative concept, but an ethical obligation of fair dealing for settling a negotiation and the absence of it breeds mistrust and will ultimately harm the mediation process.

Judge Scheinkman will explore the ethical considerations that relate to settlement negotiations generally and with opposing counsel, issues relating to the representation of the client, confidentiality, problems that may arise with respect to the parties that attend the mediation, disclosure of new information, conveyance of demands and offers, insurance issues, the submission of pre-mediation submissions, settlement terms and other topics.

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