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Page 16 of 18 |
Can one of the lawyers representing a disputant serve as a mediator? |
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| Possibly, but it is a bad idea. A lawyer has an ethical obligation to represent his client vigorously. He cannot represent both disputants. If one of the lawyers tries to mediate – even with the consent of the parties – it is not likely that the other side will be able to be entirely candid. If the mediation does not result in settlement, there may be a lawsuit or the continuation of a lawsuit. In that case, the lawyer/mediator cannot simply forget everything that was said during the mediation, and one side would be disadvantaged. Even where matters are amicably "settled", one side or the other often feels that it was disadvantaged because a lawyer for one party served as mediator. |
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