Mediating Divorce Agreement

James Melamed, Esq.

Outline > Mediation Ethics
  







Mediation Ethics 
  • nWhich Standards Apply?
    profession of origin, state mediation association, ACR/ABA/AAA/AFCC
  • For what purpose?
    aspirational, minimal, liability measure
  • nInformed Consent
  • nSelf-Determination
  • nVoluntary
  • nRights to be Informed, Disclosure?
  • nImpartiality, Neutrality
  • nPrior Contacts
  • nPrior Professional Service
  • nSubsequent Professional Services
  • nSubstantive Bias
  • nConfidentiality
  • nCaucus
  • nFees
  • Define and Describe Process
  • Encourage Legal Counsel, Advise Legal Review
  • nLegal Advice and Legal Information
  • nCapacity
  • nBalance Power?
  • nFairness or Reasonableness?
  • nDrafting
  • nUnauthorized Practice of Law
  • nCourt Appearance?
  • nCo-Mediation – Attorney with other?
  • nAdvertising

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Mediation Ethics
ABA/AAA/ACR Standards
OMA Standards
Family Mediation Standards





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