If I’m set for mediation in a business dispute, is it a conflict of interest if I had consulted at one time prior to the lawsuit with the attorney who will be mediating?
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If I’m set for mediation in a business dispute, is it a conflict of interest if I had consulted at one time prior to the lawsuit with the attorney who will be mediating?
Asked on August 4, 2015 under Business Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you're not a current client AND the prior consultation was not about the current matter AND no information from or disclosed at the prior consultation is relevant to the current mediation, there is no problem. On the other hand, if the prior consultation was about this matter or information disclosed then is relevant now, then this lawyer should not be the mediator, because he or she is going in with an existing connection to the matter, having given an opinion in the matter, and/or already possessed of information (mediators should go in cold, with only the information provided during the mediation, so as to be fully neutral and even-handed). If there is a prior connection, seek a different mediator.
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