By American Bar Association
The American Bar Association Standing Committee on Ethics and Professional Responsibility released a formal opinion that provides guidance that addresses a lawyer’s duties when acting as a third-party neutral mediator under ABA Model Rule of Professional Conduct 2.4.
The rule defines a third-party neutral as a lawyer who assists two or more persons – who are not clients of the lawyer – to reach a resolution of a dispute. A lawyer acting as a third-party neutral must inform unrepresented parties that the lawyer-mediator does not represent them. Paragraph (b) also requires the lawyer-mediator to explain the difference between the lawyer-mediator’s role as a third-party neutral and the role of a lawyer representing a client in a mediation when the lawyer knows or reasonably should know that the parties do not understand the mediation process.
Formal Opinion 518 says that unless the parties are sophisticated consumers of mediation services, it is prudent for the lawyer-mediator not only to inform all parties that the lawyer-mediator does not represent them but also to afford them an opportunity to discuss what this means. In addition to other rules governing the duties of a mediator, the Model Rules require the lawyer-mediator to avoid communications that are dishonest, fraudulent, deceitful or misrepresentative in violation of Rule 8.4(c). The lawyer-mediator also should be vigilant in conducting the mediation to avoid creating the impression that the lawyer-mediator will be providing the protections of the client-lawyer relationship.
The standing committee periodically issues ethics opinions to guide lawyers, courts and the public in interpreting and applying ABA Model Rules of Professional Conduct. Other recent ABA ethics opinions are available at www.americanbar.org/groups/professional_responsibility/publications/ethics_opinions.
(https://www.americanbar.org/news/abanews/aba-news-archives/2025/09/formal-opinion-518-re-lawyers-duties-not-to-mislead/)
The American Bar Association Standing Committee on Ethics and Professional Responsibility released a formal opinion that provides guidance that addresses a lawyer’s duties when acting as a third-party neutral mediator under ABA Model Rule of Professional Conduct 2.4.
The rule defines a third-party neutral as a lawyer who assists two or more persons – who are not clients of the lawyer – to reach a resolution of a dispute. A lawyer acting as a third-party neutral must inform unrepresented parties that the lawyer-mediator does not represent them. Paragraph (b) also requires the lawyer-mediator to explain the difference between the lawyer-mediator’s role as a third-party neutral and the role of a lawyer representing a client in a mediation when the lawyer knows or reasonably should know that the parties do not understand the mediation process.
Formal Opinion 518 says that unless the parties are sophisticated consumers of mediation services, it is prudent for the lawyer-mediator not only to inform all parties that the lawyer-mediator does not represent them but also to afford them an opportunity to discuss what this means. In addition to other rules governing the duties of a mediator, the Model Rules require the lawyer-mediator to avoid communications that are dishonest, fraudulent, deceitful or misrepresentative in violation of Rule 8.4(c). The lawyer-mediator also should be vigilant in conducting the mediation to avoid creating the impression that the lawyer-mediator will be providing the protections of the client-lawyer relationship.
The standing committee periodically issues ethics opinions to guide lawyers, courts and the public in interpreting and applying ABA Model Rules of Professional Conduct. Other recent ABA ethics opinions are available at www.americanbar.org/groups/professional_responsibility/publications/ethics_opinions.
(https://www.americanbar.org/news/abanews/aba-news-archives/2025/09/formal-opinion-518-re-lawyers-duties-not-to-mislead/)
