A Proposed Conflict of Interest Rule for Attorney-Mediators

Authors

Michelle D. Gaines

Abstract

Maintaining the success and fairness of mediation requires mediators to be impartial toward all parties and to protect the confidentiality of mediation sessions. Attorney-mediators encounter conflicts of interest, based on prior or subsequent representation of clients, that can disrupt impartiality or confidentiality. When attorneys practice mediation, it is unclear where they should look for guidance: attorney rules of professional conduct, mediator ethical standards, or both. Additionally, attorney-mediators encounter unique issues that ethical guidelines designed for attorneys or mediators do not address adequately. This Comment proposes a comprehensive conflict of interest rule for inclusion in the Rules of Professional Conduct that is tailored specifically to attorney-mediators.

First Page

699

Recommended Citation

Michelle D. Gaines, Notes and Comments, A Proposed Conflict of Interest Rule for Attorney-Mediators, 73 Wash. L. Rev. 699 (1998).
Available at: https://digitalcommons.law.uw.edu/wlr/vol73/iss3/8