Ethics and the Art of Mediation

Attorneys owe a duty of candor to the tribunal and competency to their clients, but what obligations does an attorney bear in mediation?  This article, reprinted with the permission of the American Bankruptcy Institute (www.abi.org), offers practical ethics guidance to assist attorneys representing parties in bankruptcy mediation.  In the article, I explore the Model Rules and related guidance applicable to settlement negotiations and mediation.  In the end, what you most need to know about ethics in settlement negotiations and mediation you probably learned in kindergarten: listen, tell the truth, follow the rules, and respect others.