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Ethics: Attorney as Litigator and Mediator

Course Description:

How does an attorney who is also a mediator balance the equities, adhere to the qualities of both legal and mediation practice, and stay within the boundaries of ethical requirements of both disciplines? This course offers practical skills for the lawyer who must zealously represent his/her client, and the lawyer who is charged with the duties of an alternative dispute resolution professional.

Seasoned attorneys, who are also alternative dispute resolution professionals, identify the ethical concerns associated within the litigation and dispute resolution correlation, and discuss both the common elements and the seemingly disparate ethical requirements under The Florida Bar Rules, The Alternative Dispute Resolution (ADR) Rules and the Mediator Ethics Advisory Committee Opinions (MEAC).

It is exceedingly important that a mediator/attorney who is also a litigator, former judge or arbitrator complies with the ethical obligations, maintains a proper demeanor and employs techniques that allow all parties the opportunity to reach resolution. This course is appropriate for all of the above.

Co-Presenters: Clark Jordan-Holmes Esq., Constance d’Angelis Esq., Stephen C. Cheeseman Esq., John W. Wilcox Esq., J. Kevin Carey Esq.

Interactive CLE Credits
1.5 General; 1.5 Ethics
Cost: $79.00 – Instant Online Delivery Enroll Now


Course Outline

I. Conflict can reach reconciliation, resolution and conclusion
By Constance d’Angelis and Clark Jordan-Holmes with Stephen C. Cheeseman, J. Kevin Carey and John W. Wilcox

A. United States Military Academy at West Point is a hallmark for resolution and reconciliation as noted in its mission statement and as exemplified in its conclusion of a nation at war with itself in Civil War.
B. Disparate viewpoints: Litigation concepts of differences, adversity, and concealment compared to Mediation concepts of disclosure, facilitation, and negotiation.
C. Requirements of Rules of Professional Conduct, including Rule 4.34


II. Litigator and Mediator: Different Roles – Same Goals
By Clark Jordan-Holmes, Constance d’Angelis, Stephen C. Cheeseman, J. Kevin Carey and John W. Wilcox

A. Mediator Roles.

1. Florida Statutes, Chapter 44 – Mediation Alternatives to Judicial Action
2. Alternative Dispute Resolution Rules, Rules 10.100-10.900

B. Mediator Ethics Advisory Committee Opinions (MEAC) R-10.300 – 10.380
C. MEAC Opinions on Advice, Opinions or Information Rule 10.370
D. Litigator (client representation) Roles.

1. The Rules Regulating the Florida Bar. Rules of Professional Conduct:

a. Rule 4-1 Client-Lawyer Relationship
b. Rule 4.2 Counselor
c. Rule 4.2.1 Advisor
d. Rule 4-1.4 Communication

2. Florida Bar Ethics Opinions
3. Pro se parties

35 minutes

III. Questions, Comments and Discussion

15 minutes


  • Practical skills for the lawyer-advocate and the lawyer-mediator.
  • Discover approaches to maintaining equilibrium in client representation while complying with ethical duty to counsel clients regarding alternative dispute resolution.
  • Materials include: The Florida Bar Rules, The Alternative Dispute Resolution (ADR) Rules and the Mediator Ethics Advisory Committee Opinions (MEAC)

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Online Video Presentation Enroll Now

Video instruction with electronic copies of all seminar and supplemental materials.
Certificate: Downloadable electronic certificate for course participants.
Cost: $79.00
Instant Online Delivery

*This course is eligible for 1.5 CME hours. Mediators are required to self report those hours applicable to their areas of certification at the time of their renewal. For more information on the CME requirement, visit,, select Alternative Dispute Resolution/Mediation.