Blog: Ellen’s Divorce Tips

No Recorders!

Mediation should be a private and confidential process.  The promise of confidentiality is not quite the same as the attorney-client confidentiality governed by the Rules of Professional Conduct for lawyers, because there are two clients in the room with the attorney-mediator, not just one; and each one is entitled to know the communications that go between the mediator and the other person.  The Rules of Professional Conduct for lawyers apply to the one-on-one relationship between a lawyer and her solitary client.  …

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