[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR776.38]

[Page 522]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 776_PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE 
 
                 Subpart B_Rules of Professional Conduct
 
Sec. 776.38  Mediation.

    (a) Mediation:
    (1) A covered attorney may act as a mediator between individuals if:
    (i) The covered attorney consults with each individual concerning 
the implications of the mediation, including the advantages and risks 
involved, and the effect on the attorney-client confidentiality, and 
obtains each individual's consent to the mediation;
    (ii) The covered attorney reasonably believes that the matter can be 
resolved on terms compatible with each individual's best interests, that 
each individual will be able to make adequately informed decisions in 
the matter, and that there is little risk of material prejudice to the 
interests of any of the individuals if the contemplated resolution is 
unsuccessful; and,
    (iii) The covered attorney reasonably believes that the mediation 
can be undertaken impartially and without improper effect on other 
responsibilities the covered attorney has to any of the individuals.
    (2) While acting as a mediator, the covered attorney shall consult 
with each individual concerning the decisions to be made and the 
considerations relevant in making them, so that each individual can make 
adequately informed decisions.
    (3) A covered attorney shall withdraw as a mediator if any of the 
individuals so requests, or if any of the conditions stated in paragraph 
(a)(1) of this section is no longer satisfied. Upon withdrawal, the 
covered attorney shall not represent any of the individuals in the 
matter that was the subject of the mediation unless each individual 
consents.
    (b) [Reserved]