Is it a conflict of interest if a mediator in a divorce settlement is also the lawyer for one of the parties?

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Is it a conflict of interest if a mediator in a divorce settlement is also the lawyer for one of the parties?

My friend just went through a divorce settlement using a mediator. They were under a lot of stress and agreed to a lot of stipulations he probably should not have.

Asked on September 28, 2011 under Family Law, Massachusetts

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is clearly a conflict of interest if the mediator in the case is also the attorney for one of the parties.  A different mediator should have been selected.  Your friend should never have agreed to have this person as the mediator.


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