Legal Ethics and the Mediation Process

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The use of Alternative Dispute Resolution (ADR), particularly in the area of mediation, has grown dramatically in the past ten years. 

In this program, Judge Scheinkman will discuss ethical considerations that relate to settlement negotiations in the context of mediation of disputes. Given the nature of mediation, it is important that the parties negotiate in an ethical fashion which translates into good faith. The legal ethics principles to be considered include dealings with opposing counsel, confidentiality, candor, and dealings with clients. 

Judge Scheinkman will address pertinent provisions of the American Bar Association (ABA)’s Rules of Professional Conduct, the Guidelines promulgated by the ABA Litigation Section, and applicable ABA Ethics Opinions and judicial decisions.

 

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