Mediation Advocacy: Duty to Disclose

Authors

James Coben, Mitchell Hamline School of LawFollow

Subject Area

Ethics/Malpractice

Document Type

Video

Publication Date

7-2025

Comments

Playtime: 1:58

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.

NOTE: The scenario is based on a hypothetical outlined by Art Hinshaw in On Professional Practice: Ethics and Negotiation, 25 Dispute Resolution Magazine 32 (2019) (which parallels issues discussed in The State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion No. 2015-194).

Recommended Citation

Coben, James, "Mediation Advocacy: Duty to Disclose" (2025). Mediation Case Law Teaching Videos. 51.
https://open.mitchellhamline.edu/dri_mclvideo/51