Good Faith and Ethical Practice in Mediation

Ethics and Professional Responsibility

CPD Points 1

Mediation is increasingly used to resolve disputes before they reach the courtroom. But how far can you go when representing your client in mediation without overstepping ethical boundaries?

Most civil disputes involve at least one attempt at mediation before they get to trial, which means it is vital to understand how to best represent your client’s interests in this context. The challenge is that there is no single, authoritative code of ethics applicable to mediation in Australia.

This course aims to help lawyers better understand their ethical obligations in the context of mediation and ethical dilemmas which may arise in this context.

The course provides an overview of the different sources of ethical requirements for lawyers practicing mediation in Australia. It explores significant disciplinary cases which illustrate when lawyers’ conduct oversteps the boundaries of what is ethically acceptable in the mediation context. It also explores how the concept of “good faith” can provide a foundation upon which to develop a useful framework for ethical practice in court-connected mediation.

Author Profile

LawCPD Author: John Woodward

Dr. John Woodward

John Woodward has over 25 years experience as a commercial litigator, which led to a strong interest in alternative dispute resolution as a means of resolving disputes. John currently works as an ADR practitioner offering mediation and arbitration services.

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