Advocacy and Mediation

In his attempt to gain leverage for his client (Mia Farrow), Alan Dershowitz may have crossed the line beyond zealous advocacy.

As a family law attorney and professional mediator, I am concerned that Dershowitz (as stated in “Attorney Disputes Allen,” Aug. 20) was previously serving as a “mediator” for the parties. If he was representing Farrow at the time, the use of “mediation” is misleading. However, if Dershowitz was serving as a neutral mediator, his later representation of Farrow conflicts with the American Bar Assn. standard that states: “The mediator shall not represent either party during or after the mediation process in any legal matters.”

If Dershowitz had been an impartial mediator for the parties, his public discussion of the details of mediation communication is at variance with the ABA standard: “The mediator shall not voluntarily disclose information obtained through the mediation process without the prior consent of both participants.”

Mediation has grown to be a preferred and trusted process of resolving family law disputes. Regardless of the merits of the Allen-Farrow custody battle, Dershowitz should be more careful.

FORREST S. MOSTEN, Chair, Beverly Hills Bar Assn. Mediation Committee, Los Angeles