Developing a 100% Neutral Practice: Ethical Considerations and Practical Answers to Common Obstacles and Requirements

Live Zoom webinar by Christina Magee, Brevard Mediation Services, and Christopher M. Shulman, Shulman ADR Law. Course number 9007 is approved for 4 CLE, 2 of which may be applied toward Ethics. ADR Section members register for only $155, with 90-day, on-demand access. REGISTER

This 3.5-hour CLE (including 2.0 Ethics) provides lawyers engaged in client representation and advocacy practices an understanding of typical problems encountered when moving to a practice providing Neutral services, such as mediation and arbitration.

What you will learn:

• Address ethical requirements to identify conflicts of interest between the roles of lawyer and Neutral in the context of former and current partners, clients, matters, family members who practice law, and more ;
• Understand the scope of the January 2025 revisions to Mediator Ethics Rules 10.330 (impartiality) and 10.340 (Conflicts of Interest)  and how to avoid derailing neutrality inside these boundaries;
• Assess various Neutral practice environments, such as solo vs. established neutral firm, to permit evaluation for the most suitable environment for your practice;
• Learn concrete, specific and tried-and-true ways to spread the word about your Neutral practice and what pitfalls to avoid;
• Evaluate marketing concepts from the perspective of ethical marketing constraints;
• Gain an understanding of what practical obstacles must be overcome to establish a successful Neutral practice

AGENDA

This 3.5 HOUR CLE (including 2.0 Ethics) provides lawyers engaged currently in client-representation and advocacy practices an understanding of typical problems encountered when moving to a practice providing Neutral services, such as mediation and arbitration.

What you will learn:

• Address ethical requirements to identify conflicts of interest between the roles of lawyer and Neutral in the context of former and current partners, clients, matters, family members who practice law, and more;
• Understand the scope of the January 2025 revisions to Mediator Ethics Rules 10.330 (impartiality) and 10.340 (Conflicts of Interest) and how to avoid derailing neutrality inside these boundaries;
• Assess various Neutral practice environments, such as solo vs. established neutral firm, to permit evaluation for the most suitable environment for your practice;
• Learn concrete, specific and tried-and-true ways to spread the word about your Neutral practice and what pitfalls to avoid;
• Evaluate marketing concepts from the perspective of ethical marketing constraints;
• Gain an understanding of what practical obstacles must be overcome to establish a successful Neutral practice.

9:00 AM – 9:10 AM
Introductions

9:10 AM – 10:00 AM
Impartiality and Conflicts of Interest
As of January 1, 2025, the Florida Supreme Court significantly amended these concepts. We assess how these changes will impact the Neutral, as well as recent, relevant MEAC opinions discussing concepts of family relationships of the lawyer-neutral; the Neutral’s former or current partnership conflicts and how to address; the Neutral’s former clients and their matters and how to assess for potential conflicts; the Neutral’s former service as Neutral to some but not all mediation participants, and the impacts of establishing a Neutral practice.

10:00 AM – 11:20 AM
Running Your Practice
Assessing Mediator Referral platforms and services (DFS, FINRA, AAA, Resolute, Mediate.com, NADN, etc.) Go solo or go with a Neutral firm? The pros and cons of each type of practice, including the practical problems each practice environment presents. Can AI or technology overcome any of these obstacles for the Neutral? What are the basic technology items that allow solo practices to succeed? Does any Neutral still require a physical office location? 

11:20 AM – 11:30 AM
Break

11:30 AM – 12:30 PM
Marketing
What works and what should you consider when deciding on tactics, strategies and objectives.