https://www.researchgate.net/profile/Kimberlee_Kovach/publication/237569476_SYMPOSIUM_NEW_WINE_REQUIRES_NEW_WINESKINS_TRANSFORMING_LAWYER_ETHICS_FOR_EFFECTIVE_REPRESENTATION_IN_A_NON_ADVERSARIAL_APPROACH_TO_PROBLEM_SOLVING_Except/links/02e7e52697a1ccb4bd000000/SYMPOSIUM-NEW-WINE-REQUIRES-NEW-WINESKINS-TRANSFORMING-LAWYER-ETHICS-FOR-EFFECTIVE-REPRESENTATION-IN-A-NON-ADVERSARIAL-APPROACH-TO-PROBLEM-SOLVING-Except.pdf

The process of mediation was championed as a powerful tool for saving time and money for both litigants and the courts as it became a mandatory process for many parties in the court system. This new process requires a wholly different role for lawyers who are accustomed to an adversarial structure but are now thrust into the role of collaborating to serve their client. In response, the author urges new rules be enacted to compel lawyers to change their conduct when acting as representatives in mediation. The author then sets forth several proposed standards, including good faith, minimal meaningful participation, and an ethic of care.