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Mediation Ethics: A Proposed Analytical Framework

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Chapter Summary

To date, different templates have been used to address mediation ethics. For example, in the area of conflicts of interest, the same standards used for an arbitrator have been widely used, even though the role of a mediator is drastically inapposite to that of an arbitrator. The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility issued a Formal Opinion on the Lawyer's Obligation of Truthfulness When Representing a Client in a Mediation. ABA Model Rule 2.4 treats mediators and arbitrators precisely the same for purposes of advising unrepresented parties that the lawyer-neutral is not representing them. The CPR-Georgetown Commission on Ethics and Standards of Practice in ADR developed Principles for ADR Provider Organizations to provide guidance to entities that provide ADR services, consumers of their services, the public, and policy makers.

Keywords:ADR services; American Bar Association (ABA); arbitrator; CPR-Georgetown Commission; mediation ethics



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