Around the mediation table: ethical challenges for barristers and mediators

Thorny ethical issues can arise around the mediation table.  Examples include:

• Should a mediation proceed if the other side’s representative lacks authority to settle? What if you think the other side is not participating in good faith?
• Should the mediator step in when your opponent is incompetent? What if your opponent is untruthful or is behaving badly? Or hopelessly unprepared?
• What should you do if your mediator is unprepared or not working hard enough? If a mediator has significant expertise, can they remain impartial or neutral? Can they stay neutral when they are getting repeat business from a law firm?
• What if your mediator gives legal advice? Should a mediator get involved in drafting a settlement agreement? What if a settlement agreement is illegal?
• When should a mediator withdraw? Or terminate a mediation? And when should you advise your client to do so?

Join Angela Bowne SC, Anthony Lo Surdo SC, Anne Healey and Lucas Shipway of the ADR Committee for a fireside chat about these and other issues.

Practitioners are invited to send any ethical issues they would like the panel to consider to cpd@nswbar.asn.au by COB on Thursday, 20 March 2025.

Please note: Only NSW barristers or members of the NSW Bar Association can register for CPD’s or webinars.