Sounding the Alarm: Ethics for Attorney Mediators and Arbitrators

This CLE presentation provides a critical examination of the ethical pitfalls that can jeopardize a neutral’s standing. Central to our discussion is the newly released ABA Formal Ethics Opinion 518, which clarifies the ethical obligations of lawyer-neutrals, particularly concerning the duty of competence and the ever-evolving challenges of technology in ADR as well as the attorney's duty to avoid misleading communications when acting as a mediator. The panel will focus on practical strategies for identifying red flags before they become ethical violations or result in a compromised resolution.