Continuing Legal Education ... Anytime

The Ethics of the Advocate-Mediator Relationship – Session 1

Course Outline

I.Every conflict can reach reconciliation, resolution and conclusion
Clark Jordan-Holmes, Esq.

  1. A. Could West Point show the way?
  2. B. One Hundred years after the Civil War, West Point created Reconciliation Plaza in recognition of how that institution and this nation made peace with themselves.
  3. C. West Point is a microcosm of America at war with itself in the Civil War.
  4. D. That struggle is a testament to the fact that every conflict can be reconciled – reconciled, not without tears and pain, but with patience, communications and determination.

II.The Advocate and the Mediator: Different Roles – Same Goals
Clark Jordan-Holmes, Esq. and Constance d’Angelis, Esq.

  1. A. Mediator Roles.
    1. 1. Florida Statutes, Chapter 44 – Mediation Alternatives to Judicial Action
    2. 2. Alternative Dispute Resolution Rules, such as Rules 10.300 –10.380
  2. B. MEAC Opinions on Advice, Opinions or Information Mediator Ethics Advisory Committee Opinions (MEAC)
  3. C. Advocate Roles.
    1. 1. The Rules Regulating the Florida Bar. Rules of Professional Conduct, including:
      1. a. Rule 4-1 Client-Lawyer Relationship
      2. b. Rule 4.2 Counselor
      3. c. Florida Bar Ethics Opinions
      4. d. Pro se parties

III Comparing and Contrasting Advocate and Mediator Roles
Clark Jordan-Holmes, Esq. and Constance d’Angelis, Esq.

  1. A. Respect for the parties, the participants and the process.
  2. B. Honoring Diversity, including cultural, temperament and language.
  3. C. Legal advice, Opinions and Information

IV Questions, Comments and Discussion

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