Section 5.31 Conflicts of Interest
| Library | Family Law Deskbook and 2014 Supp |
3. (§5.31) Conflicts of Interest
Because a mediator/attorney must act in a neutral and unbiased fashion in carrying out the mediator’s role, that attorney cannot take on the role of legal representative by filing papers on a party’s behalf. Rule 4-1.7(a) states, in pertinent part, “A lawyer shall not represent a client if the representation . . . will be directly adverse to another client . . . .”
A mediator does not “represent” either of the parties to a mediation. Rather, the mediator facilitates the negotiations between the parties. Therefore, to the extent...
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- Section 5.1 What Is Alternative Dispute Resolution?
- Section 5.2 Definition and Description of Arbitration
- Section 5.3 Definition and Description of Mediation
- Section 5.4 Definition and Description of Collaborative Family Law
- Section 5.5 Uniform Arbitration Act, Chapter 435, RSMo
- Section 5.6 Rules 17 and 88
- Section 5.7 Statutory Authority for Mediation in Chapter 452, RSMo
- Section 5.8 Mediation Under Chapter 487, RSMo
- Section 5.9 When Is Mediation Appropriate?
- Section 5.10 Qualifications
- Section 5.11 Certifying Organizations
- Section 5.12 Local Rules
- Section 5.13 M.A.R.C.H. Mediation
- Section 5.14 Enforceability of Mediation and Arbitration Clauses and Agreements
- Section 5.15 Role of Counsel in Mediated Case
- Section 5.16 Filing of Necessary Pleadings
- Section 5.17 Advice on Substantive Issues
- Section 5.18 Protection of Client’s Interests
- Section 5.19 Referral to Appropriate Outside Experts (Accountants, Appraisers, Psychologists, Etc.)
- Section 5.20 Attorneys’ Direct Participation in Mediation Process
- Section 5.21 Review of Final Settlement Document
- Section 5.22 Parenting Coordination
- Section 5.23 Description of Collaborative Family Law
- Section 5.24 When to Choose Collaborative Law
- Section 5.25 Special Requirements for Collaborative Law Attorneys
- Section 5.26 Benefits of Collaborative Law
- Section 5.27 Standards of Practice
- Section 5.28 Ethical Considerations for Attorney Mediators and Arbitrators
- Section 5.29 Attorney Serving as Third-Party Neutral
- Section 5.30 Confidentiality
- Section 5.31 Conflicts of Interest
- Section 5.32 Association With Nonattorney
- Section 5.33 Ethical Considerations for Nonattorney Mediators
- Section 5.34 Ethical Considerations for Collaborative Attorneys
- Section 5.35 Bibliography
- Section 5.36 Organizations
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