Abstract
Mediation and alternative dispute resolution processes have enjoyed epic growth in recent years. However, in the midst of this growth, some serious ethical quandaries have surfaced for the attorney-mediator. In particular, this Article addresses one crucial issue facing Illinois attorney-mediators today: the conflict between confidentiality and professional responsibility in the mediation process.1
Confidentiality is one of the most attractive aspects of the mediation process. In Illinois, there are a multitude of statutes granting confidentiality to the mediation process.2 However, the vast majority of these confidentiality rules are in direct conflict with attorney rules of professional conduct that require attorneys to report misconduct by fellow attorneys to disciplinary authorities. Attorney-mediators are placed in an intolerable conflict when they must choose between two groups of binding obligations: mediation confidentiality rules and attorney misconduct reporting requirements.
Confidentiality is one of the most attractive aspects of the mediation process. In Illinois, there are a multitude of statutes granting confidentiality to the mediation process.2 However, the vast majority of these confidentiality rules are in direct conflict with attorney rules of professional conduct that require attorneys to report misconduct by fellow attorneys to disciplinary authorities. Attorney-mediators are placed in an intolerable conflict when they must choose between two groups of binding obligations: mediation confidentiality rules and attorney misconduct reporting requirements.
| Original language | American English |
|---|---|
| Journal | DuPage County Bar Association: The Brief |
| Volume | 10 |
| State | Published - Feb 1998 |
Keywords
- Confidentiality
Disciplines
- Dispute Resolution and Arbitration
- Legal Ethics and Professional Responsibility
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