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Who’s Really in Charge in Mediation? ABA Formal Opinion 518 and the Shifting Boundaries for Advocates and Neutrals

SKU: EPR4400

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Ethics Credits

Price$50

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Description

This CLE program examines ABA Formal Opinion 518 and its implications for lawyers serving as third-party neutral mediators, as well as attorneys representing clients during mediation. While directed primarily at lawyer mediators, the Opinion also provides important guidance for non-lawyer neutrals who may be subject to comparable ethical standards from courts, professional organizations, or state regulatory frameworks.

The course explores key ethical obligations under the ABA Model Rules of Professional Conduct, including the prohibition against providing legal advice while serving as a neutral, the duty to ensure parties understand the mediator’s impartial role, and the obligation to avoid misleading statements, dishonesty, fraud, deceit, or misrepresentation during the mediation process.

Participants will also examine the broader debate surrounding Formal Opinion 518, including whether it simply reinforces longstanding mediation ethics principles or meaningfully reshapes the responsibilities of lawyer mediators and advocates in negotiating settlements and facilitating resolution discussions.

Lecturer Bio

Francine Griesing

Fran Griesing has represented clients as an advocate in commercial and employment litigation and alternate dispute resolution for over 40 years and has served as an ADR neutral for over 30 years. She currently counsels clients on dispute prevention and serves as a neutral arbitrator and mediator in commercial, consumer, and employment matters.

After partnership in large law firms, including serving as the Professional Responsibility Partner of a national firm, Fran launched Griesing Law in 2010. She also devoted three years as Litigation Chair for the City of Philadelphia Law Department, overseeing seventy-five lawyers plus professional staff, overseeing over 2,000 matters annually.

An honors graduate of Binghamton University and the University of Pennsylvania Law School, Fran has taught legal, business and ethics courses at the undergraduate, business and law school level and continues to speak and write on these issues. Fran engages in a wide range of community activities, having served on non-profit boards and chaired professional and bar association committees. She is admitted to practice in Arizona, New York, Pennsylvania, and Utah, and the United States Supreme Court. Fran is on the neutral rosters for the American Arbitration Association, CPR Dispute Resolution Services, and Philadelphia Commerce Court Judge Pro Tem program.

National Academy of Continuing Legal Education is a Tennessee CLE Provider, approved by the Tennessee Commission on CLE and Specialization to provide distance learning CLE courses in the state of Tennessee. To view our full accreditation details, please .

Accreditation and CLE Rules for Tennessee

Who’s Really in Charge in Mediation? ABA Formal Opinion 518 and the Shifting Boundaries for Advocates and Neutrals

Description

Lecturer Bio

Francine Griesing

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