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ABA Section of Dispute Resolution Committee on Mediator Ethical Guidance

New Opinions Issued

SODR-2015-1 
Addresses whether it is appropriate for a mediator to advertise that he mediated “the largest settlement in the history of [the] county”. Authority referenced is Model Standards of Conduct for Mediators, Standards II, V and VII (2005).
Read the full opinion and analysis from the ABA website for SODR-2015-1 PDF file

SODR-2015-2 
Addresses whether a mediator must disclose to prospective parties that she has conducted a number of previous mediations for one of the parties (or its attorney) and what needs to be disclosed.  Authority referenced is Model Standards of Conduct for Mediators, Standards III and V (2005).  Read the full opinion and analysis from the ABA website for SODR-2015-2 PDF file

SODR-2015-3 
Addresses whether it is appropriate for a mediator to accept a referral fee from an attorney to whom the mediator referred a party after the case involving that party was unsuccessfully mediated by the mediator. Authority referenced is Model Standards of Conduct for Mediators 2005, Standards II, III, V, VIII. Read the full opinion and analysis from the ABA website for SODR-2015-3 PDF file

Read all the opinions issued by the ABA Section’s Committee on Mediator Ethical Guidance at http://apps.americanbar.org/ dch/committee.cfm?com=DR018600&edit=1.

 

Do you face an ethical issue related to your mediation? 

The ABA Section’s Committee on Mediator Ethical Guidance can help! Go to Committee on Mediator Ethical Guidance

The ABA Section of Dispute Resolution Committee on Mediator Ethical Guidance provides advisory responses to requests for ethical guidance based on the American Bar Association/American Arbitration Association/ Association for Conflict Resolution Model Standards of Conduct for Mediators (2005). 

The scope of the Committee is limited to the consideration of ethical issues pertaining to mediation.

To submit an inquiry