Dennis R. Suplee authored the lead article, "The Ethics of Brokering a Settlement With Fewer than All the Defendants," for Alternatives, the official publication of the International Institute for Conflict Prevention & Resolution (CPR). Suplee has handled a wide range of civil litigation. He regularly handles mediations and arbitrations and is on the AAA National Roster of Arbitrators and Mediators.
"This article addresses a question that arises from time to time, most recently in a complex commercial case in which there were three parties: the Plaintiff, Defendant A, and Defendant B. . . . What would happen in such situations if Plaintiff and Defendant A refused to consent to disclosure to Defendant B that they were commencing separate negotiations? The question might be broken down into these ethical sub-questions: (1) If the Plaintiff and Defendant A instruct the mediator not to tell Defendant B that they have begun negotiating toward a separate deal, would the mediator be bound to follow that instruction? (2) If the Plaintiff and Defendant A commence separate settlement negotiations, may the mediator assist them in those efforts to reach a settlement?"
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