The Ethical Neutral: What Must Be Disclosed In Mediation

Law360, New York (May 28, 2013, 11:58 AM EDT) -- During my time as a mediator, I have encountered some confusion among lawyers and mediators over conflict-of-interest and disclosure requirements applicable to mediators in California. Some say there are no requirements at all. Others say that there are strict rules requiring disclosure.

Turns out, both sides are right. In court-ordered mediations conducted by panel mediators, California Rules of Court, Rule 3.855 provides guidelines regarding conflicts of interest and disclosure. The same is true in the U.S. District Court Central District of California (under General Order No. 11-10) governing the referral of cases to the alternative dispute resolution program with a neutral...

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