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Selected Ethics Issues in Mediation & Settlement

Length: 2 hours 37 minutes

This program will address a number of ethics issues that can arise in mediation and settlement negotiations.  With a specific focus on confidentiality, conflicts of interest and related issues, the program will discuss ethics questions from the point of view of the mediator, the outside lawyer, and even the client.  The program will close with a brief discussion about how to research ethics issues and how to get help from an ethics committee of lawyers, or mediators, when needed.   

Program Chair: Daniel M. Weitz, Deputy Director, Division of Professional and Court Services; Coordinator, Office of ADR and Court Improvement Programs, New York State Unified Court System

Agenda

9:00 – 9:05 a.m. Introduction
Daniel M. Weitz

9:05 – 9:15 a.m. Sources of Guidance for Ethics Issues Involving Mediation and Settlement
Alexandra Carter and Daniel M. Weitz

9:15 – 9:55 a.m. Differing Views of Mediator Neutrality Among Professional Standards
Sean Nolon

9:55 – 10:35 a.m. Avoiding Extortion and Other Coercive Tactics in Mediation
Alexandra Carter

10:35 – 10:50 a.m. Break

10:50 – 11:05 a.m. Thinking About How We Think About Ethics
Daniel M. Weitz

11:05 – 11:45 a.m. Truthfulness in Mediation and Negotiation
Bruce J. Hector

11:45 – 12:00 p.m. Q & A

CLE credit: New York: 3.0 ethics; NJ: 3.2 professional responsibility; CA and PA: 2.5 professional responsibility


Original Recording Date: 6/16/2015


Produced By:

New York City Bar Association

Course Materials

  • *Selected Ethics Issues in Mediation & Settlement
  • Affirmation of Self-Study