Lawyers participating in mediation or arbitration must be aware of ethical tripwires for everyone involved: mediators and arbitrators, other attorneys, and even their clients. We will discuss the multiple professional rules and guidelines that intersect in ADR processes. Examples from real cases will be explored to increase your ability to identify ethical boundaries and to respond with optimal strategies.
Focus points include:
Speakers: Kim L. Kirn, United States Arbitration & Mediation, St. Louis; C.J. Larkin, United States Arbitration and Mediation, St. Louis
Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.
| Ethics in Mediation and Arbitration-final (857.4 KB) | Available after Purchase | ||
| MOLAP Information (210.1 KB) | Available after Purchase | ||
| Important Information for Attorneys Seeking Kansas Credit (102.8 KB) | Available after Purchase | ||
Kim has conducted thousands of mediations in personal injury (auto, trucking, wrongful death, premises liability and sexual misconduct) construction, real estate, special education, contracts, civil rights, class action, insurance coverage, professional malpractice and employment (discharge, tenure, disability, FMLA and wage and hour) with US Arbitration & Mediation. Her 35+ year legal career includes mega-big law firms; uber-small law firms; and in-house counsel giving her a balanced approach to ADR. She is President of the Association of Attorney Mediators-STL; a former national Board member of Association of Attorney Mediators; a member of National Association of Distinguished Neutrals; and Vice-chair of the Missouri Bar Association ADR Committee.
C.J. Larkin has extensive experience as a mediator, facilitator, educator and trainer. She has mediated over 750 cases in the areas of employment, education, family, attorney-client, small business, non-profit and public/civil rights disputes. C.J. serves on the USA&M Mediator and Arbitrator panel in St. Louis. She is a contract mediator for the Colorado Office of Dispute Resolution, the Colorado Department of Education and the Missouri Department of Special Education. C.J. taught ADR at both Washington University School of Law and University of Denver School of Law. Prior to becoming a full-time mediator, C.J. practiced law in the areas of insurance defense, criminal defense, family law and banking. She was the executive director of two non-profits in St. Louis.
Co-author of the article, Unlocking Apology’s Potential in Resolving Disputes | Colorado Lawyer (cobar.org) This article analyzes the effectiveness of Will Smith’s post-Oscars apologies.
