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Model Rules for Mediation of Client-Lawyer Disputes - Rule 6

Rule 6 - Immunity

Communications to the Commission, mediators, or disciplinary counsel relating to lawyer misconduct or disability and testimony given in the proceedings shall be absolutely privileged, and no lawsuit predicated thereon may be instituted against any client or witness. Members of the Commission, mediators, disciplinary counsel, or any person acting on their behalf, and staff shall be immune from suit for any conduct in the course of their official duties.


The personnel involved in the mediation process are an integral part of the judicial process and are entitled to the same immunity, which is afforded prosecuting lawyers. Immunity protects the independent judgment of the mediation personnel and avoids diverting the attention of its personnel as well as its resources toward resisting collateral attack and harassment. A policy of conferring absolute immunity encourages those who have some doubt about a lawyer's conduct to submit the matter to the proper agency, where it may be examined and determined.

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