According to the author, the changing structure of ADR demands a revision in the ABA Model Rules of Professional Conduct, which the Ethics 2000 Commission failed to address. The author argues that the commentary making "puffery" an exception in Rule 4.1 (regarding truthfulness in negotiation) provides inadequate guidance for lawyers in mediation concerning the question of truthfulness. He compares Rule 4.1 to Rule 3.3 (regarding candor toward the tribunal), which contains an uncompromising view of truthfulness.

The author is a member of the RSI Board of Directors.