The proposed opinion could cause potential dilemmas for mediators, if they are asked to participate in impermissible sorts of misrepresentation. An ethical mediator should not commit fraud, and should take some action if the mediator becomes aware that one party is making impermissible misrepresentations. That could include refusing to convey misrepresentations to the other side, or even withdrawal in some cases. Strict confidentiality protections might, however, allow mediators and attorneys to avoid discipline for violating these proposed ethical guidelines when settlement negotiations take place during mediation.
Comments are open until May 19, 2014.
(Thanks to Rande Sotomayor for bringing this issue to my attention.)