Today: 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.

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Please provide any written questions in advance to cpd@nswbar.asn.au.

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