Ethics Committee Formal Opinion #1990-91/9
Marital Mediation: Clarification re: Certification Requirement
May 9, 1991
The Rule 1.6 potential for confidential communications given in the course of marital mediation not to be privileged is eliminated by RSA 328-C:9.
RSA 328-C allows marital mediation services to be provided by a lawyer, without such services becoming representation of either party leading to a conflict of interest. (Rule 1.7)
A lawyer may serve as an arbitrator or mediator in a dispute among parties who are not his or her clients. (Rule 2.2).
Representation of clients by a former arbitrator in a case is regulated by rule 1.12.
Do the Rules of Professional Conduct permit a lawyer to serve as a marital mediator?