Mediation: An Honesty-Free Zone?

Abstract

A legal representative appearing for a party at a mediation cannot present a case which he or she knows to be false. This is hardly a controversial proposition to articulate but its application in practice may be blurred and may raise difficult ethical dilemmas. So found a Queensland barrister in Legal Services Commissioner v Mullins [2006] LPT 12. This commentary explores the interesting legal question of is whether a legal representative appearing for a party at a mediation has a duty to disclose relevant information to the other side which may be expected to substantially influence the other side in arriving at a settlement.

Keywords: mediation, ethical issues in mediation