Course Description
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
- Issued by ABA Standing Committee on Ethics (Oct. 15, 2025)
- 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.
- Why This Matters to Mediators
- Mediation depends on trust
- Many mediators are lawyers first
- Parties may over-rely on mediator authority
- The Role of Mediator vs. Advocate
- Advocate: advances client’s best interest
- Mediator: assist parties to reach resolution
- Risk: role confusion