Wednesday, August 15

Mediators May Not Disclose Information Related to Partner's Case

The new ethics committee of the ABA Dispute Resolution Section has just issued its first opinion.

The Committee opines that an attorney-mediator who learned information during a mediation that could be relevant to a discovery request in an unrelated litigation being handled by the mediator's law partner, should not disclose that information to the partner.

The Committee
issued its opinion here; that since Standard V of the Model Standards of Conduct for Mediators requires mediators to maintain the confidentiality of information learned in mediation, absent a law mandating disclosure or the parties' agreement, disclosure of the confidential information would present an ethical problem [read more at - subscription needed]

Many thanks to New York attorney/mediator David White of White & Associates for the link.

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