A mediation session concludes with\u00a0defendant’s counsel agreeing to revert to his (governmental) client to determine if an offer could be made along certain suggested lines.\u00a0 A week later, counsel phones the mediator and directs that the offer can, in fact, be conveyed.\u00a0 But the mediator can’t get the plaintiff’s counsel to call her back.\u00a0 After many attempts, the mediator\u00a0faxes a letter to plaintiff’s counsel, generally outlining the offer.\u00a0 But she hears nothing.<\/p>\n
Some months later, the mediator learns from the plaintiff that his claim was dismissed at summary judgment and, by the way,\u00a0why did the defendants never get back about that final proposal?\u00a0 The mediator says that they did make the proposal.\u00a0 The plaintiff becomes upset and says that his (former) lawyers apparently never conveyed it to\u00a0him.\u00a0 Plaintiff asks what the terms of the offer were.<\/p><\/blockquote>\n
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OK, students, here are your three questions:<\/p>\n
1.\u00a0\u00a0May the mediator tell the party the terms of the offer?<\/p>\n
2.\u00a0 If the former client wishes to report his former counsel to a professional disciplinary body, alleging violation of Rule 1.2(a) of the Model Rules<\/a> (requiring, among other things, that “a lawyer shall abide by a client’s decision whether to settle a matter”), may the mediator comply with plaintiff’s request to confirm, in writing,\u00a0the fact that she conveyed a settlement\u00a0offer to plaintiff’s former counsel?<\/p>\n