Mar. 4, 2026
How ABA Formal Opinion 518 impacts whether, how and with whom employers should mediate
ABA Formal Opinion 518 limits mediators from advising on a party's "best interest," making opening demands, mediator choice and strategic persuasion more crucial than ever.
Michael S. Kun
Partner and Co-Chair of the Labor & Employment Practice Group
Thompson Coburn LLP
Email: mkun@thompsoncoburn.com
Univ of Virginia SOL; Charlottesville VA
Much has been written about how ABA Formal Opinion 518 ("A
Lawyer's Duties to Avoid Misleading Communications When Acting as a Third-Party
Neutral Mediator") will impact mediators.
Let's not forget that any changes to what mediators can or will do will necessarily impact the parties, to...
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