This ethics CLE program examines ABA Formal Opinion 518 and its implications for lawyers serving as third-party neutral mediators, as well as attorneys representing clients during mediation. While directed primarily at lawyer mediators, the Opinion also provides important guidance for non-lawyer neutrals who may be subject to comparable ethical standards from courts, professional organizations, or state regulatory frameworks.

The course explores key ethical obligations under the ABA Model Rules of Professional Conduct, including the prohibition against providing legal advice while serving as a neutral, the duty to ensure parties understand the mediator’s impartial role, and the obligation to avoid misleading statements, dishonesty, fraud, deceit, or misrepresentation during the mediation process.

Participants will also examine the broader debate surrounding Formal Opinion 518, including whether it simply reinforces longstanding mediation ethics principles or meaningfully reshapes the responsibilities of lawyer mediators and advocates in negotiating settlements and facilitating resolution discussions.