NCJ Number
100043
Journal
Arizona Law Review Volume: 26 Issue: 2 Dated: (1984) Pages: 329-362
Date Published
1984
Length
34 pages
Annotation
This article examines neutral lawyering in mediation, whereby one lawyer is placed in a neutral position either as a mediator or as a provider of impartial legal advice, and proposes standards of conduct to guide lawyers who undertake this role.
Abstract
The article describes benefits that neutral lawyers can bring to the procedure, such as reducing the influence of lawyers on individual parties and conveying legal information in a nonadversarial fashion. An analysis of existing and proposed professional ethics guidelines divides them into two groups: the traditional which conceives the neutral lawyer as 'representing' the parties and the progressive which views the lawyer as 'not representing' the parties. Among the guidelines discussed are the American Bar Association's (ABA) Model Code of Professional Responsibility, rulings from State and municipal bar ethics committees, Richard Crouch's proposal, and ABA Standards of Practice for Lawyer Mediators in Family Disputes. Because existing guidelines fail to provide appropriate guidance, new standards are outlined that address fairness, maximizing the mediation process, and malpractice. Examples are drawn from divorce mediation. 136 footnotes.