Once A Mediator, Always A Mediator!

Facts: The mediator repeated information which he learned in one mediation [while serving as the mediator] in a second mediation in which he was acting in the role of attorney.

Is this permissible? Nope! Are you sure? Yup! What’s the problem? You’ll have to read one of the new Mediator Ethics Advisory Committee Opinions [2004-011] to find out.

Should the mediator who is now acting as an attorney withdraw as attorney? Hmmm?!?

Florida’s Rules for Certified and Court-Appointed Mediators, Rule 10.620, Integrity and Impartiality, provides:

A mediator shall not accept any engagement, provide any service, or perform any act that would compromise the mediator's integrity or impartiality.

What do you think? Withdraw – yes or no?

To email me, click Perry S. Itkin.
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