Mediation Committee Meeting
Zoom (Registration Required)
Please join us for the next meeting of the CPR Mediation Committee
Candor, Truthfulness, and Conflicts of Interest: Ethics in Negotiation
Attorneys, seeking to be zealous advocates in their client’s cause, while hewing to standards of conduct set out in the Model Rules of Professional Conduct, often find those two duties in tension. In his provocative article, Candor, Truthfulness, and Conflicts of Interest: Ethics in Negotiations, attorney and co-chair of the American College of Coverage Counsel’s Professionalism and Ethics Committee, Neil Posner examines the mandates set out in the Model Rules and parses the prohibitions against and latitude that exists for puffing, bluffing and manipulation in informal negotiations.
How do attorneys’ tendencies toward tall tales influence mediation? After hearing from Neil about what exactly the Model Rules do and do not permit in the rough and tumble of third-party assisted negotiations, attendees will share views and experiences regarding the mediator’s ethical obligations when parties and counsel are operating in a “truth-challenged” fashion.
CPR-Institute Members and DRS Neutrals Only.
1 NYS CLE Credit offered.