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Secrets, half-truths and deceit in mediation

Submitted by Kay Lauchland on Thu,15/07/2010
Long title
Secrets, half-truths and deceit in mediation and negotiation—Lawyers beware!
Author(s)
Lauchland, Kay
Author(s)' contact information
kay_lauchland@bond.edu.au
Publication
ADR Bulletin
Volume number
9
Issue number
6
Year
2007
First page number
1
Last page number
4
Country
Australia
Abstract
A legal practitioner with a reputation for integrity and fairness has recently been fined for professional
misconduct occurring while representing a client in mediation. The solicitor was acting
for a client in a compulsory statutory mediation to resolve a claim for damages for personal injuries.
He withheld information, newly available, from the insurance company representatives: his
client had just discovered he had cancer. This was unrelated to the incident giving rise to his claim.
The cancer was secondary and likely would reduce his life expectancy and the value of his claim
(although this was assumed rather than established). The insurance company settled in ignorance
of this information and later sought to set aside the settlement.
Status
Published
Teaching Topics
Other Topics