Mediation has become very common in the USA and Australia—at least partly because of court-mandated mediation initiatives. Lawyers often represent clients at mediations, so the increased use of mediation makes it important to understand how both jurisdictions regulate lawyers’ advocacy on behalf of their clients during mediation. This article comparatively analyzes how professional standards regulate the truthfulness of lawyers’ advocacy during mediation in Australia and the United States. It focuses on uniform regulation in those jurisdictions. Part One will comparatively analyze the relevant regulations in Australia and the United States, and the types of obligations contained in those regulations—for example, obligations of truthfulness and good faith. Part Two will examine the impact of these standards in shaping lawyers’ conduct during mediation in Australia and the United States and suggest some measures that might be taken by regulators to more effectively control lawyers’ advocacy in mediation.
Robert Angyal and Nicholas Saady,
21 Pepp. Disp. Resol. L.J.
Available at: https://digitalcommons.pepperdine.edu/drlj/vol21/iss2/2