Ethics Issues in Mediation

Ethical issues can trip up even the most seasoned participants in mediation. Confidentiality is a particularly challenging aspect of mediation, and can pose any number of different and nuanced challenges

On February 8, via a webinar produced by Practical Law, the International Institute on Conflict Prevention & Resolution (CPR) and Jenner & Block, mediation experts Richard Ziegler, Noah Hanft, and Bernadette Miragliotta explored the contours of ethics in mediation.

During this webinar, the panelists addressed hypothetical mediation circumstances that illustrate multiple ethical issues with a particular emphasis on confidentiality questions such as:

  • How far can a mediator go in facilitating constructive discussions between the parties when the mediator has committed to keep one side’s objectives confidential from the other?
  • When can a party exploit an opposing party’s misconduct during the mediation?
  • Can a mediator be compelled to testify about a party’s mediation positions? 

CPR members can view this recorded program for free on the Practical Law site here.