Mediators: Does WSBA Advisory Op. 2223 Address Your Practice?

The Scrivener’s Dilemma: Mediators Who Draft Settlement Documents: Saturday, March 29, 2014 - 10:00 a.m. – 11:15 a.m., 21st Annual NW Dispute Resolution Conference

Join the discussion and find out how this Advisory Opinion may implicate your practice and learn how other states are addressing this issue.

Washington State Bar Association Advisory Opinion #2223 cautions that by drafting Property Settlement Agreements and other documents for unrepresented parties, attorney mediators are practicing law and representing adverse parties in violation of the Rules of Professional Conduct. The panelists—all lawyer-mediators—discuss the impact of this Advisory Opinion on all mediators and the general public. In particular, they will address the complex issues that are implicated, including traditional mediation training and practice, party self-determination, standards of practice, party economics, and access to justice. 

Panelists ROBERT KIRKMAN COLLINS, one of the founders, an original Board Member, and a past President of the Family and Divorce Mediation Council of Greater New York; DON P. DESONIER, a collaborative family law attorney, legal coach, trained professional mediator, and Adjunct Professor of Law at Seattle University School of Law; and LESLIE GROVE, lawyer, conflict management coach, mediator, and executive director of Northwest Mediation Center, an RCW 7.75 Dispute Resolution Center in Spokane, in a lively discussion of WSBA Advisory Op. #2223, addressing mediators who draft legal documents for unrepresented parties.

The panel discussion will be moderated by STEPHANIE BELL, an Assistant Professor of Law and Assistant Director of the Straus Institute for Dispute Resolution, teaching Mediation Theory and Practice and supervising the Mediation Clinic. 

See a more detailed panel description attached.

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Thanks, Rina, for organizing and highlighting this discussion.  As always, you're on the cutting edge. 

Thanks, John. We're starting a discussion group shortly. I hope that you'll join us!



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