ABA Formal Opinion 518 The Ethics of Mediation for Both Mediators and Attorneys (On-Demand)

This course discusses ABA Formal Opinion 518 and how it applies to the ethics of mediation, both for mediators and attorneys practicing before them.

Syllabus

1. Issued by ABA Standing Committee on Ethics (Oct. 15, 2025)
2. Applies to lawyers acting as mediators but also addresses role of attorneys in mediation
   • Key Holdings
   • Mediators cannot imply acting in party’s best interest.
   • Mediators cannot make knowingly false or misleading statements.
   • Neutrality increases reliance.
3. Why This Matters to Mediators
   • Mediation depends on trust
   • Many mediators are lawyers first
   • Parties may over-rely on mediator authority
4. The Role of Mediator vs. Advocate
   • Advocate: advances client’s best interest
   • Mediator: assist parties to reach resolution
   • Risk: role confusion

Instructor

Jeff Kichaven, Esq. 

Joel Osman, Esq.