Partner Michael Kun authored a new article in the Daily Journal examining how ABA Formal Opinion 518 may reshape mediation strategy for employers.
In the article, Mike explains that the opinion reinforces the understanding that mediators may not give legal advice or make misleading statements, but it also restricts mediators from advising parties on their “best interest.” This, he notes, could affect the use of mediator’s proposals, influence opening demands, and elevate the importance of mediator selection.
He highlights key considerations for employers approaching mediation in light of the opinion, including researching potential mediators thoroughly and developing strategies based upon the mediator and the opening demand.
The full article is available on the Daily Journal website here (subscription required).
