About This Course
This CLE ethics program explores the professional responsibilities and ethical boundaries that arise when attorneys serve as mediators or represent clients in mediation proceedings. Focusing on the guidance set forth in ABA Formal Opinion 518, the course examines how the ABA Model Rules of Professional Conduct apply to third-party neutral mediators and influence attorney conduct during settlement negotiations.
Attendees will review core ethical principles governing neutrality, candor, and communications with represented and unrepresented parties. The program will address the limits on providing legal advice while acting as a mediator, the importance of ensuring participants understand the neutral’s non-advocacy role, and the ethical restrictions against misleading or deceptive conduct in mediation settings.
The course will also analyze the ongoing discussion within the legal community regarding the practical impact of Formal Opinion 518, including whether it clarifies existing mediation standards or signals a broader shift in how lawyer mediators and advocates approach settlement strategy and dispute resolution.