Lawyer-Mediator-Snitch? The Ethics of Mediator Testimony


The ethical tension between the Rule 31 mediator’s obligation to maintain the confidentiality of matters occurring within the mediation and the need of the courts to enforce legitimate settlement agreements reached through mediation is explored in depth. The applicable rules, recent case law and a decisions from the Alternative Dispute Resolution Commission are discussed in depth. Plus, the ADR Professor shares his unique insights into “the rest of the story” behind this difficult area.

Course Author: Joe Manuel

Course Credit: One CLE Hour - Dual/Ethics