ISBA Ethics Opinions on Arbitration and Mediation | Illinois State Bar Association

Opinion 11-01 | Arbitration and Mediation | Reporting Lawyer Misconduct
Reporting lawyer misconduct while serving as an arbitrator or mediator

When a lawyer-mediator learns that a lawyer representing a party in a mediation has violated Rule 8.4(c), the lawyer-mediator has an obligation to report that lawyer’s misconduct. Provisions in the Uniform Mediation Act or the Not-For-Profit Mediation Center Act generally do not prevent such disclosure.
Opinion 04-03 | Arbitration and Mediation | Communication With Unrepresented Person | Scope of Representation
Mediator preparing post-mediation divorce documents for unrepresented spouse to file pro se

A lawyer who mediated a divorce settlement between unrepresented husband and wife may not prepare a proposed judgment of dissolution of marriage, a marriage separation agreement and joint parenting agreement for husband and wife and allow husband and wife to file said documents as pro se litigants.
Opinion 01-05 | Arbitration and Mediation | Division of Fees | Referral Fees and Arrangements
Mediation firm paying nonlawyers in exchange for case referrals

It is professionally improper for a lawyer providing mediation services in a "mediation firm" comprised entirely of lawyers to participate in an arrangement with nonlawyers whereby the "mediation firm" obtains referrals in return for the payment of fees by the "mediation firm" to the nonlawyers.
Opinion 92-05 | Arbitration and Mediation | Dual Professions
Lawyer engaged in divorce mediation business with nonlawyer

There is no prohibition against lawyer engaging in divorce mediation business with a non-lawyer and operating the business from the law office where lawyer does not represent either party in the underlying divorce

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.

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