The Ethical Neutral

more+
less-

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 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 ADR Program with a neutral from the Court’s mediation panel. Those that say there are no such requirements are correct with respect to mediations that are not conducted by panel mediators. However, in light of the recent closing of the LA Superior Court’s mediation program (due to budgetary constraints), it is important to review and understand these rules and when they apply.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Bruce Friedman, Friedman Mediation | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

CONNECT

Bruce Friedman
Friedman Mediation

Bruce A. Friedman handles a variety of commercial disputes ranging from insurance disputes to class... View Profile »


Follow Friedman Mediation:

Reporters on Deadline

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×