Settlement Authority, Client Control and “Phantom Consent”

In ADR, “authority” is often the hidden fault line beneath an otherwise successful negotiation—especially when the person at the table can recommend a deal but can’t truly approve it, or when a quick “yes” masks hesitation, misunderstanding, or outside pressure. This program examines the ethical and practical risks of "Phantom Consent," where apparent settlement authority diverges from genuine client intent, and explores how those gaps arise through absent decision-makers, insurer and corporate approval structures, and the subtle influence of third parties participating behind the scenes or “in the room.” Guided by NYRPC 1.2 and related ADR ethics principles, expect a practical, candid discussion of what advocates and mediators can do before and during mediation to confirm decision-making authority, protect client autonomy, manage insurer/corporate approval chains, and document terms in a way that reduces motions to enforce, ethics complaints, and post-session regret. Attendees will leave with a checklist of red flags, and best practices for memorializing terms so that settlements are not merely reached in the moment, but remain enforceable, resilient, and ethically defensible after everyone leaves the mediation.

Speakers:

Tanya Blocker, Assistant General Counsel, US Director National Grid

Jill Pilgrim, Pilgrim & Associates Arbitration, Law & Mediation LLC

Donald Rose, Donald Rose Dispute Resolution, LLC

Randall Tesser, Tesser, Ryan & Rochman LLP

Kaylin Whittingham, Whittingham Law