Letters
Feb. 5, 2026
In defense of mediator's proposals: Clarifying ABA Opinion 518
A recent Daily Journal guest article mischaracterizes ABA Opinion 518, wrongly suggesting that mediator's proposals imply legal advice or best-interest judgments, when in fact such proposals are simply a tool to help parties reach settlement while leaving all legal decisions to their own counsel.
Mark B. Helm
Mediator and Arbitrator and a member of the National Academy of Distinguished Neutrals
Phillips ADR
Email: mhelm@phillipsadr.com
The mediator's proposal is a time-honored tool that mediators sometimes use to help parties find settlement terms that both sides can agree on. A recent article in the Daily Journal (Jeff Kichaven, "Mediation after ABA Opinion 518: What are a lawyer's responsibilities?" Dec. 3, 2025) argued that ABA Formal Opinion 518 (Oct. 15, 2025) nar...
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