Professional Ethics and Virtual Mediation

Over the past months, the legal profession has ushered in new era of fully remote and online Alternative Dispute Resolution (ADR) processes. This pivot to virtual platforms gives rise to a host of novel ethical considerations including: how to maintain confidentiality and quality in the online environment, how to ensure the opportunity for zealous representation and advocacy, and how to manage a full and fair process where testimony and evidence can be properly exchanged and assessed in the technology-assisted arena.

The panel of expert practitioners, well-versed in professional ethics and experienced in recent virtual proceedings, will explore issues facing attorneys as we grapple with the ethical challenges of virtual mediation.

In particular, the following areas will be addressed:

• Discussion of standards for mediation – 20 minutes
• Ethical issues and disciplinary rules – 20 minutes
• Improper negotiation tactics – 10 minutes
• Virtual mediation ethical dilemma hypothetical – 10 minutes
• Q&A

Moderator:

Hon. Ariel E. Belen (Ret.) - JAMS

Panelists:

Deborah A. Scalise - Scalise & Hamilton P.C.

Lewis Tesser - Tesser, Ryan & Rochman, LLP