Overview
This presentation will review a selection of Mediator Ethics Advisory Committee ethics opinions that are most relevant to common mediation scenarios. We will examine how these opinions apply across different types of mediations and explore guidance on frequently encountered ethical issues, including the use of social media, a mediator’s ability to testify in court, managing multi-party disputes, post-mediation communications, mediating when a party may be incompetent, mediator advertising, providing assistance with forms to pro se parties, and how a mediator may handle a party who illegally records a mediation.
By grounding these issues in practical ethics guidance, this presentation is designed to help mediators navigate challenging situations with greater clarity, integrity and professionalism. Additionally, this presentation will review recent ABA Formal Ethics Opinion 518, which addresses ethical issues arising from mediations conducted with unrepresented parties. We will examine the existing rules – both the ABA Model Rules and the Florida counterparts to the same – for the mediator’s ethical duties arising when mediating disputes with pro se parties. This foundation leads to examination of Formal Ethics Opinion 518 and the manner in which it clarifies and expounds upon those existing ethical duties. The review of this Opinion focuses upon practical ethics guidance for identifying challenging situations that can arise and for framing responses to those situations that clearly define the mediator’s role as well as the limitations upon the mediator’s role, while maintaining neutrality and professionalism.
Presented by
This course is presented by the Alternate Dispute Resolution Section of the Florida Bar as part of its Lunch & Learn series in collaboration with the DRC. If you like what you see, consider joining the ADR Section!
Speakers
CLE Information
- Course number: 2602070N
- CLE credit: Approved for 1 hour General, 1 hour Ethics, and 1 hour CME credit.
- Approval period: 06/12/2026–12/31/2027
Continuing legal education programs presented by The Florida Bar and the various sections, divisions, and committees of The Florida Bar are intended for educational purposes only and do not replace professional judgment. Statements of fact and opinions expressed are those of the presenters individually and, unless expressly stated to the contrary, are not the opinion of The Florida Bar or its sections, divisions or committees. The Florida Bar does not endorse or approve, and assumes no responsibility for, the content, accuracy, or completeness of the information presented.