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?

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