Challenges of Neutrality: Ethically Navigating Pro Se Divorce Mediation

Divorce mediation involving self-represented couples presents unique ethical questions for lawyers serving as neutral mediators given SCR 20:2.4 and now Divorce by Affidavit. What separates legal education from legal advice? What practices can help attorneys remain in their ethical lane from the initial intake through the final agreement?

Join Family Mediation Center presenters for an engaging online discussion of the ethical mandates, professional boundaries, and practical considerations involved in pro se divorce mediation.

Approved for 2 Ethics CLE credits.

Open to lawyers, commissioners, judges, and staff.

Experienced family law attorneys and mediators Greg Hildebrand, Paul Stenzel, and Susan Hansen will examine the ethical challenges that arise when a lawyer works jointly with two self-represented parties.

Drawing from applicable Supreme Court Rules, mediation statutes, and their professional experience, the presenters will discuss both the established rules and unresolved questions facing neutral lawyers in this rapidly evolving area of family law.

Participants will learn and experience:

• Intake practices that preserve each person’s ability to choose mediation or individual representation
• The ethical differences between neutral legal education and advocate legal advice
• Unique professional boundaries when working jointly with a self-represented couple
• Sample process steps for conducting ethical and effective mediation
• Emerging considerations related to Divorce by Affidavit

Divorce mediation continues to grow as more couples look for cooperative alternatives to traditional litigation or do-it-yourself. This webinar will help legal professionals consider applicable ethical rules and best practices within a mediation process that requires neutrality, informed and voluntary decision-making, and careful communication with both parties.