Ethics Committee Formal Opinion #1989-90/15
Marital Mediation: Representing Both Parties
July 25, 1990
ANNOTATIONS
A member of the bar may serve as a marital mediator so long as the attorney complies with those provisions of the rules of professional conduct that apply at all times to attorneys in any capacity. (Rule 1.7; Rule 2.2)
An attorney serving as a marital mediator pursuant to RSA 328-C is not serving as an attorney for either party and is, therefore, not acting as an intermediary between clients. (Rule 2.2)
An attorney serving as a marital mediator shall not give legal advice to either party, and shall so inform both parties. Should any mediation agreement be reached, the attorney-mediator should advise each party to have the agreement reviewed by an independent attorney.
QUESTION:
May a practicing New Hampshire attorney act as a marital mediator with the consent of a divorcing couple; i.e, as an impartial third person to assist and enable the divorcing couple to work together to reach a mutually satisfactory settlement of the issues involved in their divorce?