Ethics Issues in Mediation

ON DEMAND

Hosted by Practical Law

Recorded on February 8, 2018


Ethical issues can trip up even the most seasoned participants in mediation. Confidentiality is a particularly challenging aspect of mediation, and can pose any number of different and nuanced challenges. Listen to the International Institute on Conflict Prevention & Resolution (CPR), and Jenner & Block, as mediation experts Richard Ziegler, Noah Hanft, and Bernadette Miragliotta explore the contours of ethics in mediation.

The panel will address hypothetical mediation circumstances that illustrate multiple ethical issues with a particular emphasis on confidentiality questions - How far can a mediator go in facilitating constructive discussions between the parties when the mediator has committed to keep one side’s objectives confidential from the other? When can a party exploit an opposing party’s misconduct during the mediation? Can a mediator be compelled to testify about a party’s mediation positions?

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Presenters:

Richard F. Ziegler, Partner, Jenner & Block LLP

Noah J. Hanft, President and CEO, International Institute for Conflict Prevention & Resolution

Bernadette Miragliotta, Senior Litigation Counsel, American Express Company

Steven Skulnik, Senior Legal Editor, Practical Law Litigation Services, (Moderator)

Practical Law provides practical, up-to-date resources across all major practice areas to help lawyers in law firms and in-house legal departments get up to speed quickly, save time and protect the bottom line.

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