TBA Law Blog


Posted by: Stacey Shrader Joslin on Oct 15, 2025

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility has released Formal Opinion 518, which provides guidance addressing a lawyer’s duties when acting as a third-party neutral mediator under ABA Model Rule of Professional Conduct 2.4. Lawyers acting in this capacity must inform unrepresented parties that the lawyer-mediator does not represent them. They also must explain the difference between the lawyer-mediator’s role as a third-party neutral and the role of a lawyer representing a client in a mediation when the lawyer knows or reasonably should know that the parties do not understand the mediation process. Lawyer-mediators also must avoid communications that are dishonest, fraudulent, deceitful or misrepresentative, and avoid creating the impression that the lawyer-mediator will be providing the protections of the client-lawyer relationship. Read more about the rule in a press release.