The Marie L. Garibaldi American Inn of Court for ADR is the first (and so far the only) Inn of Court devoted expressly to the practice of arbitration, mediation and other non-judicial means of dispute resolution. Located in New Jersey, it gathers, on a monthly basis, the upper echelon of retired and active judges, client representatives, and leading arbitrators and mediators to share experiences and insights, to stay abreast of recent case developments, and to hone instincts and skills as dispute resolution specialists.

Members Robert Lenrow and Hanan Issacs recently prepared a program that offered certain scenarios implicating ethical challenges that may arise during mediation. The sources for guidance in confronting these challenges (where they could be definitively found) were the Uniform Mediation Act and certain judicially-promulgated rules. But whether or not your jurisdiction has a statutory basis for resolution of these situations, they are very well-framed and (with the authors’ permission) I offer some here:

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