Resources > Mediation Advocacy: Duty to Disclose
Mediation Advocacy: Duty to Disclose
Jim Coben
This lesson plan includes a video and teaching notes for a lesson on attorney ethics in the context of negotiation and mediation. This is an employment discrimination claim involving sexual harassment. The claimant is seeking back wages, medical expenses, and future earnings. After an initial unsuccessful mediation, the parties agree to reconvene after receiving more information about the claimant’s job search efforts. Shortly before the resumed mediation, the respondent increases its settlement offer by $20,000, citing future wages as the basis. However, between the sessions, the claimant accepts a new higher-paying job but instructs her attorney not to disclose this fact.
Mediation Advocacy: Duty to Disclose: Teaching Notes (PDF)
Video and additional materials available at Mitchell Hamline Open Access.