Truth, Confidentiality and the Case for Mediation: What ABA Opinion 518 Reminds Us
ABA Formal Opinion 518 holds lawyer-mediators to a higher truthfulness standard than negotiating attorneys, and California's near-absolute mediation confidentiality protections—distinct from the narrower rules governing mandatory settlement conferences—are precisely what make that candor, and the value of choosing private mediation, possible.
In October 2025, the American Bar Association (ABA) issued Formal Opinion 518, "A Lawyer's Duties to Avoid Misleading Communications When Acting as a Third-Party Neutral Mediator." It is the first ABA opinion to apply the professional responsibility rules directly to lawyers serving as mediators, and its central insight is one every neutral should internalize: The ethical terrain shifts beneath your feet when you stop being an advocate and become a neutral. Like all ABA formal opinions, it is persuasive guidance rather than binding law, but its reasoning tracks with the California rules that do govern.
Full article below:
ABA Formal Opinion 518 holds lawyer-mediators to a higher truthfulness standard than negotiating attorneys, and California's near-absolute mediation confidentiality protections—distinct from the narrower rules governing mandatory settlement conferences—are precisely what make that candor, and the value of choosing private mediation, possible.
In October 2025, the American Bar Association (ABA) issued Formal Opinion 518, "A Lawyer's Duties to Avoid Misleading Communications When Acting as a Third-Party Neutral Mediator." It is the first ABA opinion to apply the professional responsibility rules directly to lawyers serving as mediators, and its central insight is one every neutral should internalize: The ethical terrain shifts beneath your feet when you stop being an advocate and become a neutral. Like all ABA formal opinions, it is persuasive guidance rather than binding law, but its reasoning tracks with the California rules that do govern.
Full article below:
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