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The ethical limits of advocacy in mediation
Podcasts, powerpoints and/or papers from the presentations are available to LEADR members and
Explore the ethics advocates need to consider when representing clients in a mediation as opposed to in court.
The presentation also will point out that, contrary to the usual situation, there is no restraint on an advocate at mediation communicating directly with the client who is opposed to his or her client, and will explore the implications of this freedom. The fact that advocates at mediation routinely say “This is my client’s final offer” and, later, make another offer, indicates that they may not understand their legal and ethical obligations as advocates. The material in the presentation represents new research and should promote ethical conduct by advocates at mediation. The presentation will be structured so as to encourage discussion on each type of restraint (or lack of restraint). Podcast: Listen to Robert talk about this session pre-kon gres (6 mins) >> |
There is very little material available on advocacy in mediation and even less on the limits imposed on advocates at mediation. This paper will explore restraints imposed by The Australian Consumer Law (especially the restrictions on statements about future matters); by the Advocacy Rules that apply to both solicitors and barristers, by the obligation to participate in good faith; and by decided disciplinary cases such as Mullins and Fleming.
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Robert is married with two daughters. He enjoys ski-ing and surfing and rows three days a week for the University of New South Wales Rowing Club. |
Robert Angyal SC
Robert Angyal [pronounced “Angel”] is a Senior Counsel in Sydney.
He holds a Bachelor of Arts degree from Sydney University (1971); a Bachelor of Laws with first-class honours from Sydney University Law School (1974); and a Masters of Law from Yale Law School (1975). Robert lived and worked overseas for 10 years and is admitted to practice in the United States.
As a barrister, he has a general commercial practice that covers diverse areas such as company, contract and banking disputes; wills, conveyancing, trade practices; intellectual property; medical negligence; retail leases; franchising; and disputes about natural gas and electricity.
As well as practising as a barrister, Robert has been a pioneer since 1991 in mediating legal disputes. He has mediated hundreds of disputes in a broad range of areas and also represents clients at mediations.
In 1987, he helped set up the Law Society’s ADR Committee, on which he served until 1995. He helped found the NSW Bar Association’s Mediation Committee in 1991, served on the Committee until 2008 and chaired it from 2000 to 2007. Robert returned to the Committee this year.
He was a director of LEADR from 1991 to 1998. Robert has written and spoken widely about mediation and is writing a book for Lawbook Co. on representing clients at mediation.
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