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About the Teleseminar
Mediation and other forms of ADR have become part of the fabric of contracting and litigation. Whether used by agreement of the parties or as a result of court order, ADR has become commonplace to resolve disputes before, or even during, formal litigation. Even though mediation is not litigation, ethics rules still apply. Because attorneys can participate in ADR as advocates, mediators or arbitrators, or sometimes as parties, you must be mindful of how the ethics rules apply, sometimes in unanticipated ways, in these nontraditional settings. This program will provide you with a practical guide to the range of ethics rules that apply in ADR, how they apply when you act as advocate, mediator or a party, and how they may apply differently than in traditional litigation.
- Ethics for when an attorney acts as mediator, advocate or party in ADR
- Confidentiality and attorney-client privilege issues
- Identifying and managing conflicts of interest
- Ex parte communications depending on the attorney’s role
- Ethics in settlement negotiations
- Working with non-attorney professionals in ADR
About the Speaker
John M. Barkett is a partner in the Miami office of Shook, Hardy & Bacon, LLP, where his litigation practice encompasses contract disputes, employment, antitrust, trademark and environmental and toxic tort litigation. He also has a substantial practice as an arbitrator, mediator, facilitator and allocator in a variety of substantive contexts. He is former co-chair of the Environmental Litigation Committee of the ABA’s Section of Litigation. Mr. Barkett serves as an adjunct professor at the University of Miami School of Law. He received his B.A., summa cum laude, from Notre Dame University and his J.D. from Yale Law School.
Mandatory MCLE Credit Hours
This seminar qualifies for 1.0 MCLE Credit Hour, including up to 1.0 LEPR Credit Hour. (Tentative)