Introduction
Rhoberta Orsland, Staff Attorney, TN Bureau of Workers' Compensation
Moderator
Hon. Pamela Johnson, Judge, Court of Workers' Compensations Claim, TN Bureau of Workers' Compensation
Panelists
Hon. Robert Durham, Judge, Court of Workers' Compensations Claim, TN Bureau of Workers' Compensation
Hon. Joshua Baker, Judge, Court of Workers' Compensations Claim, TN Bureau of Workers' Compensation
Hon. Amber Luttrell, Judge, Court of Workers' Compensations Claim, TN Bureau of Workers' Compensation
Session Description
If you attended our conference in either of the previous two years, you may remember hearing about the Underwood injury. The Underwood saga continues in this session as our characters encounter the ethical issues that might arise during mediation. This session is built around a skit that raises ethical issues. The skit will be stopped at opportune times to allow for (1) audience participation of the ethical issues presented in the skit, and (2) consideration of the ethical provisions governing the issues. This session will explore the legal and ethical obligations of attorneys and mediators throughout the mediation process. Judges of the Court of Workers’ Compensation Claims will lead this interactive session.
Cases pending in the Court of Workers’ Compensation Claims will proceed through Alternative Dispute Resolution proceedings at least twice before the final Compensation Hearing. Several important ethical considerations attach to settlement negotiations. Given the nature of mediation, there is no enforcement mechanism to ensure that the parties negotiate in an ethical fashion, which translates to good faith. While trust of an adversary is a relative thing, there is an ethical obligation of fair dealing when negotiating a settlement. The absence of the same will breed mistrust and detrimentally affect the mediation process.
Decorum in the Court – Part III will explore ethical considerations as they relate to settlement negotiations generally and with opposing counsel, issues relating to the representation of the client, problems that may arise with respect to the parties that attend the mediation, confidentiality, conveyance of demands and offers, disclosure of new information, and other topics. The course will focus on the ethical obligation to negotiate in good faith and strategies for a proactive approach by counsel to head off bad faith behavior.
Learning Objectives:
- Explore how to successfully and ethically navigate common problems that arise in ADR, particularly surrounding confidentiality, conveyance of demands and offers, disclosure of new information, and more
- Identify strategies to head off bad faith behavior
- Focus on the ethical obligation to negotiate in good faith
Up Next: Ethics for Attorneys [Part 2] It's Time for Some Campaigning at 9:30 AM