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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