Understanding the Role of Mediators and Attorneys After ABA Ethics Opinion 518

This session introduces ABA Formal Opinion 518, issued October 15, 2025, which establishes the first comprehensive ethical framework for lawyer-mediators in many years. Participants will learn why this opinion has been described as ushering in a new age by drawing clear boundaries between the mediator’s role and the attorney-advocate’s role, ultimately serving clients better.

This session explores the critical distinction between what is ‘in a party’s interest’ versus ‘in their best interest,’ and why mediators should not unilaterally determine settlement numbers. Participants will understand the zone of possible agreement concept and learn why mediator’s proposals should result from consultation with lawyers rather than independent mediator decisions.

This session examines how Opinion 518 specifically impacts attorneys serving as advocates in mediation, emphasizing their duty to advise clients on best interests rather than delegating this to mediators. Participants will learn about different truth-telling standards for advocates versus neutrals, and why direct communication with opposing counsel is essential at critical moments.

This session provides actionable guidance for both mediators and attorneys navigating the new ethical landscape, including high-risk statements to avoid and the crucial distinction between legal information and legal advice. Participants will leave with concrete strategies for supporting party self-determination while staying within their appropriate professional lanes.