Can a lawyer-mediator lie if it helps everyone get to a "Yes"?
In December 19, 2025’s Daily Journal, Parker Shaffie LLP’s Shawn Shaffie and Allan J. Favish explore the seismic impact of ABA Formal Opinion 518. This ruling closes the “Mediation Loophole,” affirming that a lawyer’s duty of honesty doesn’t stop when they step into the role of a mediator.
The Breakdown:
- Honesty is Mandatory: Settlement at any cost is no longer an excuse for misrepresentation.
- No More “Bluffing”: Common tactics regarding “final offers” are now under the ethical microscope.
- A National Trend: Why California practitioners should prepare for these standards to hit home soon.
The Bottom Line:
The ABA has made it clear: Integrity outweighs the settlement.
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