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CHOOSE YOUR MEDIATOR WISELY

June 8, 2012 By

The Massachusetts Supreme Judicial Court recently issued an opinion on whether a lawyer, disciplined and disqualified from practicing law, may serve as a mediator. While the court recognized that generally mediation is not considered practicing law, it did suggest several circumstances where a lawyer may be prohibited from acting as a mediator, due to bar discipline.
The Court articulated the following factors, “(1) whether the type of work is customarily performed by lawyers as part of their legal practice; (2) whether the work was performed by the lawyer prior to suspension, disbarment, or resignation for misconduct; (3) whether, following suspension, disbarment, or resignation for misconduct, the lawyer has performed or seeks leave to perform the work in the same office or community, or for other lawyers; and (4) whether the work as performed by the lawyer invokes the lawyer’s professional judgment in applying legal principles to address the individual needs of clients.”
While this may be an extreme example, not all mediators are alike. Experience counts! Take the time to interview several mediators to find the right fit for you. Call our case manager, Yvonne, at 508 795 0200. She will explain the mediation process and match you with one of our qualified and experienced divorce and family law mediators. At Parker Mediation, you have choices. Call us today to get started, 508 795 0200.

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