A pre-recorded streaming VIDEO replay of one session from the November 2019 live seminar, 40th Annual Construction Law and Public Contracts Seminar.
Cosponsored with the Construction Law and Public Contracts Section of the Virginia State Bar
This interactive presentation uses hypotheticals to explore ethics issues facing lawyers who act as mediators or represent clients in mediations. Among other things, the session covers: mediators' pre-mediation obligations (including disclosure of conflicts, and unauthorized practice of law issues); lawyers' pre-mediation obligations (including multijurisdictional, collaborative lawyering, and work product issues); mediators' duties during mediations (including deception, confidentiality, unauthorized practice of law, and conflicts issues); lawyers' duties during mediations (including negotiation ethics, dealing with adversaries' substantive mistakes and scriveners' errors, privilege and work product waiver issues); mediators' post-mediation issues (including liability, conflicts, confidentiality issues, and possible duty to report child abuse and lawyers' misconduct); lawyers' post-mediation issues (including confidentiality, and settlement enforcement issues).