Republished with permission by: Will Work For Food
Our special guests this week, Prof Ellen Waldman Dispute Prevention Specialist for Institute for Conflict Prevention and Resolution and Jeff Kichaven present on: ABA Ethics Opinion 518: Dawn of a Golden Age for Mediation?
ABA Ethics Opinion 518, issued October 15, sets forth ethical duties for lawyers as mediators. It bars misleading statements about the strength or weakness of a party’s case; prohibits false representations of a party’s top dollar or bottom line; and forbids statements that a proposed settlement is in a party’s best interest, among other things.
See Opinion 518, review an Opinion 518 Briefing Document
and listen to an Opinion 518 AI Podcast here.
Wow, what just happened? Is the ABA cleaning up grossly unethical conduct in which some mediators engage? Or has the ABA just prohibited mediators from using some of their most effective tools for settlement? Or both?
In this program, Prof. Ellen Waldman, a leading expert on mediator ethics, and Jeff Kichaven will engage in dialogue about whether this is the dawn of a golden age for mediators and the lawyers and clients with whom we work, or cause for panic or worse.
Our presenters:
Prof Waldman is the Dispute Prevention Specialist and previously Vice President of Advocacy and Educational Outreach at the Institute for Conflict Prevention and Resolution. Responsible for initiatives involving dispute prevention, diversity in the professional neutral field, mediation and education. Conflict resolution expert with both practical and academic experience. Decades in the classroom as full-time tenured law professor, founder and director of successful court-based mediation clinic. Administrative and thought leadership functions included mediation program director and bioethics consultant to major hospital ethics committees. Experienced trainer in dispute resolution and bioethics topics; Presented worldwide, authored over 100 articles, including first book-length treatment of mediation ethics.
Jeff Kichaven is an award-winning and Chambers ranked international mediator specializing in complex ‘tough to settle’ cases and a Moderator of Will Work For Food. He has served on numerous boards for bar associations and ADR organizations.
Jeff’s work has been recognized in Chambers USA’s national rankings of leading mediators, Who’s Who Legal’s Global Elite Thought Leaders in Mediation, and Best Lawyers, which named him “Lawyer of the Year” for Mediation in Los Angeles in 2015. He is a California Lawyer “Attorney of the Year” (ADR) and an eight-time honoree among California’s “Top Neutrals.”
A past leader in the American Bar Association, Los Angeles County Bar Association, Orange County Bar Association, and Southern California Mediation Association, Jeff is also a Distinguished Fellow of the International Academy of Mediators and a frequent teacher and trainer on mediation and mediation advocacy across the United States.
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