Also known as: third-party neutral · third party neutral · third party neutrals
Written by attorneys · grounded in primary & secondary sources — see below
A role in which a lawyer assists two or more persons who are not the lawyer's clients to reach a resolution of a dispute or other matter between them. The role encompasses service as an arbitrator, mediator, or similar facilitator and requires the lawyer to remain impartial rather than advocate for any participant.
Tanner Thompson mediated a contract dispute between Topaz Mining and Trinity Pharmaceuticals. Two years later Topaz Mining asks Tanner to represent it in litigation against Trinity over the same supply agreement. Tanner may not accept the engagement because he participated personally and substantially as a mediator in the matter and no party has given informed written consent.
Taliah Tang is retained jointly by Titan Industries and Tundra Resources to help them settle a licensing disagreement. She meets with both sides, facilitates discussions, and proposes compromise terms without advocating for either company. Taliah is serving as a third-party neutral because she assists two nonclients to resolve their dispute.
Select any source to read its text and confirm it supports the definition.
Tyrone Tran is appointed to mediate a wage dispute between Tessa Takahashi and a homeowners association. During a joint session Tessa calls Tyrone her lawyer. Tyrone must immediately inform Tessa that he represents neither side and explain the difference between a neutral facilitator and an advocate.
A lawyer qualifies when assisting two or more nonclients to resolve a dispute between them, such as by serving as a mediator or arbitrator. The lawyer must not form an attorney-client relationship with any participant and must remain impartial throughout the process.
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Yes. When the lawyer knows or reasonably should know that an unrepresented party does not understand the neutral role, the lawyer must explain that the lawyer is not representing that party and must distinguish the neutral function from representation of a client.
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A lawyer who participated personally and substantially as a mediator or other neutral in a matter may not later represent anyone in connection with that same matter unless every party gives informed consent confirmed in writing.
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Joint retention supports the neutral characterization because it shows the lawyer was not engaged by either side alone and therefore did not enter an attorney-client relationship with any participant.
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