What do you do when an ethical issue arises during a mediation? How do you handle the difficult and awkward discussion that lies ahead? Whether you are acting as a neutral or an advocate, our interactive discussion will provide tools to navigate these difficult decisions and conversations. We will review and discuss various hypothetical situations that present ethical dilemmas.

Recent cases from the United States Supreme Court have shown what has been considered “settled law” can nonetheless be overruled. This creates opportunities and pitfalls for practitioners. Counsel has an ethical duty to inform the court of controlling authority. Nonetheless, the existence of adverse controlling authority is not necessarily determinative. This seminar discusses what authority is controlling and how to handle adverse case law. Finally, this seminar discusses the philosophical and practical implications of a period when “settled law” is not so settled.