Although mediations are private, informal proceedings, observing the Rules of Professional Conduct governing lawyers is no less obligatory than at a hearing or trial. Lawyers representing clients at mediations should be mindful of duties imposed by applicable rules, especially those in Chapter 4, which include: to avoid impermissible conflicts of interest; to provide competent representation with required knowledge, skill, thoroughness, and preparation; to explain a matter to the extent necessary for the client to make informed decisions; to abide by the client’s decision whether or not to settle; and to maintain confidentiality.
Francis Carter
