Mediation presents unique opportunities and challenges for lawyers—whether serving as advocates for clients or neutrals guiding resolution. Yet, common ethical missteps can undermine the process, damage credibility, and even create professional liability. This CLE will explore how attorneys can avoid the most frequent ethical pitfalls in mediation by grounding practice in the ABA Model Standards of Conduct for Mediators and applicable professional conduct rules. Participants will gain practical guidance on preparing ethically for mediation, building rapport with parties, maintaining neutrality, and balancing zealous advocacy with duties of candor and fairness. Through real-world examples and best practices, the course empowers lawyers to engage in mediation with confidence while protecting both their clients and their professional integrity.
Learning Objectives:
1. Identify the most common ethics mistakes that occur in mediation from both the advocate’s and neutral’s perspective.
2. Apply the ABA Model Standards of Conduct for Mediators and Rules of Professional Conduct to mediation practice.
3. Evaluate how to prepare for mediation in a way that aligns with ethical duties to clients and the process.
4. Implement strategies for building rapport and maintaining neutrality while avoiding bias or undue influence.
5. Recognize red flags and apply preventative measures to reduce the risk of ethical violations in mediation.
Francine Friedman Griesing has over 40 years of experience, she is a strategic advisor to top executives, general counsel, and institutions—handling complex business transactions, high-stakes litigation, employment matters, ethics, and alternative dispute resolution. She has served as an advocate and a neutral arbitrator and mediator in range of commercial and employment disputes. Her clients include Fortune 500 companies, privately-held businesses, non-profits, higher education institutions, law firms and individual professionals and executives.