Legal Ethics and the Mediation Process

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About This Course

The use of Alternative Dispute Resolution (ADR), particularly in the area of mediation, has grown dramatically in the past ten years. However, it is a process that many counsel lack familiarity with.

Judge Scheinkman will discuss the importance of ethical considerations that relate to settlement negotiations. Given the nature of mediation, it is important that the parties negotiate in an ethical fashion which translates into good faith. While trust of an adversary is a relative concept, there is an ethical obligation of fair dealing when negotiating a settlement. The absence of same will breed mistrust which will detrimentally affect the mediation process.

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

The CLE presentation will focus on the ethical obligation to negotiate in good faith and strategies of a proactive approach by counsel to head off bad faith behavior.

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