The Ethics of the Advocate-Mediator Relationship

Course Description

Advocate versus Mediator: How does the lawyer/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-advocate and the lawyer-mediator.

The Ethics of the Advocate – Mediator Relationship unravels:

1. 1)    Issues within the client advocate relationship,
2. 2)    Compares and contrasts the alternative dispute resolution (ADR) ethical concerns arising within the advocate-mediator correlation.

Sources include:

1. 1)    The Florida Bar Rules of Professional Conduct;
2. 2)    Chapter 44 Florida Statutes – Mediation Alternatives to Judicial Action
3. 3)    The Alternative Dispute Resolution (ADR) Rules; and
4. 4)    Mediator Ethics Advisory Committee Opinions (MEAC)

Experienced attorneys, who are also mediators and arbitrators present and discuss both the common elements and the seemingly disparate ethical requirements.

It is exceedingly important that a mediator/attorney who is also a litigator, former judge or arbitrator maintains a demeanor and employs techniques that allow all parties the opportunity to reach solution to their dispute.

This course offers approaches to maintaining equilibrium in both client representation and the duty to advise clients regarding alternative dispute resolution.

Interactive CLE Credits
Florida: 2.0 General; 2.0 Ethics; CME Eligible*
Cost: $199.00 – Instant Online Delivery
Must Report CLE Credit Before October 25, 2015 Enroll Now

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

Online Video Presentation Enroll Now

The Ethics of the Advocate-Mediator Relationship
2 hours CLE, 2 hours ethics: video instruction with electronic copies of materials.
Certificate: Downloadable electronic certificate for course participants.
Cost: $199.00
Instant Online Delivery
Must Report CLE Credit Before October 25, 2015

* Accredited by The Florida Bar for Continuing Legal Education
This course is eligible for up to 2.0 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, www.flcourts.org, select Alternative Dispute Resolution/Mediation.