# SCR 20:2.4: SCR 20:2.4. Lawyer serving as 3rd-party neutral > Wisconsin · Court rules · In force URL: https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_2_4 ## Section - **Citation:** SCR 20:2.4 - **Heading:** SCR 20:2.4. Lawyer serving as 3rd-party neutral - **Jurisdiction:** Wisconsin - **Kind:** Court rules - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Wisconsin Supreme Court Rules / SCR Chapter 20B - Rules of Professional Conduct for Attorneys (20:2.1 through 20:8.5) / SCR 20:2.4 ## Text Lawyer serving as 3rd-party neutral (a) A lawyer serves as a 3rd-party neutral when the lawyer assists two or more persons who are not clients of the lawyer to reach a resolution of a dispute or other matter that has arisen between them. Service as a 3rd-party neutral may include service as an arbitrator, a mediator or in such other capacity as will enable the lawyer to assist the parties to resolve the matter. (b) A lawyer serving as a 3rd-party neutral shall inform unrepresented parties that the lawyer is not representing them. When the lawyer knows or reasonably should know that a party does not understand the lawyer's role in the matter, the lawyer shall explain the difference between the lawyer's role as a 3rd-party neutral and a lawyer's role as one who represents a client. (c)(1) A lawyer serving as mediator in a case arising under ch. 767, stats., in which the parties have resolved one or more issues being mediated may draft, select, complete, modify, or file documents confirming, memorializing, or implementing such resolution, as long as the lawyer maintains his or her neutrality throughout the process and both parties give their informed consent, confirmed in a writing signed by the parties to the mediation. For purposes of this subsection, informed consent requires, at a minimum, the lawyer to disclose to each party any interest or relationship that is likely to affect the lawyer's impartiality in the case or to create an appearance of partiality or bias and that the lawyer explain all of the following to each of the parties: a. The limits of the lawyer's role. b. That the lawyer does not represent either party to the mediation. c. That the lawyer cannot give legal advice or advocate on behalf of either party to the mediation. d. The desirability of seeking independent legal advice before executing any documents prepared by the lawyer-mediator. lawyer explain all of the following to each of the parties: a. The limits of the lawyer's role. b. That the lawyer does not represent either party to the mediation. c. That the lawyer cannot give legal advice or advocate on behalf of either party to the mediation. d. The desirability of seeking independent legal advice before executing any documents prepared by the lawyer-mediator. (2) The drafting, selection, completion, modification, and filing of documents pursuant to par. (1) does not create a client-lawyer relationship between the lawyer and a party. (3) Notwithstanding par. (2), in drafting, selecting, completing or modifying the documents referred to in par. (1), a lawyer serving as mediator shall exercise the same degree of competence and shall act with the same degree of diligence as SCRs 20:1.1 and 20:1.3 would require if the lawyer were representing the parties to the mediation. (4) A lawyer serving as mediator who has prepared documents pursuant to par. (1) may, with the informed consent of all parties to the mediation, file such documents with the court. However, a lawyer who has served as a mediator may not appear in court on behalf of either or both of the parties in mediation. (5) Any document prepared pursuant to this subsection that is filed with the court shall clearly indicate on the document that it was "prepared with the assistance of a lawyer acting as mediator." WISCONSIN COMMENT Mediation is a process designed to resolve disputes between two or more parties through agreement facilitated by a neutral person. Although many lawyers routinely act as mediators, there has been some concern about the applicability of the SCRs to lawyers acting as mediators. However, the selection, drafting, completion, modification, or filing of legal documents or agreements to memorialize or implement a mediated settlement does constitute the practice of law and is regulated by SCR Chapter 23. See SCR 23.01 person. Although many lawyers routinely act as mediators, there has been some concern about the applicability of the SCRs to lawyers acting as mediators. However, the selection, drafting, completion, modification, or filing of legal documents or agreements to memorialize or implement a mediated settlement does constitute the practice of law and is regulated by SCR Chapter 23. See SCR 23.01. The purpose of subsection (c) is to clarify that a lawyer serving as mediator in a Chapter 767 proceeding may, while acting in that capacity, memorialize the outcome of the mediation, if it can be done without compromising his or her neutrality and that, by doing so, the lawyer does not assume a client-lawyer relationship with either party. The lawyer serving as mediator may not at any stage of the process attempt to advance the interests of one party at the expense of any other party. Although a lawyer acting as mediator should strive to anticipate the issues and resolve them prior to documenting the outcome of the mediation, the process of documenting itself may illuminate or create previously unforeseen issues. For this reason, the mediator should make it clear to the parties that the process of documentation is part of the mediation and the mediator must maintain neutrality throughout that process. Likewise, even after documents confirming, memorializing, or implementing the resolution of issues have been finalized, other previously- unidentified or unresolved issues may arise. The mediator may, as an extension of the original mediation, continue in a neutral capacity to assist the parties in resolving and memorializing those issues. While this rule does not require the mediator to resolve or memorialize all issues, the prudent mediator may want to consider identifying any issues the parties have intentionally left unresolved. Documents drafted, selected, completed or modified by a mediator can have consequences an unrepresented party might not perceive y to assist the parties in resolving and memorializing those issues. While this rule does not require the mediator to resolve or memorialize all issues, the prudent mediator may want to consider identifying any issues the parties have intentionally left unresolved. Documents drafted, selected, completed or modified by a mediator can have consequences an unrepresented party might not perceive. Although an attorney acting as neutral mediator may attempt to explain those consequences to the parties in mediation, he or she does not stand in a client-lawyer relationship with either party and may not give legal advice to either or both parties while acting in that neutral capacity. Moreover, because the line between discussing consequences and dispensing advice is not always clear, a lawyer acting as mediator who chooses to explain those consequences should take care to avoid offering or appearing to offer legal advice. For these reasons, and to emphasize to the parties that the lawyer acting as mediator does not represent the parties, subsection (c)(1)(d) requires an attorney who has mediated a dispute between unrepresented parties to recommend that each seek independent legal advice before executing the documents that attorney has drafted, selected, completed, or modified. Notwithstanding that no client-lawyer relationship is created when a lawyer-mediator drafts documents pursuant to this rule, subsection (c)(3) imposes duties of competence and diligence in connection with the drafting of such documents. A lawyer who fails to fulfill such duties violates SCR 20:2.4(c)(4). Filing documents prepared pursuant to this subsection in court can often be accomplished most efficiently by a lawyer familiar with the documents and, as long as done with the consent of the parties to the mediation, may be accomplished by the mediator without impairing his or her neutrality he drafting of such documents. A lawyer who fails to fulfill such duties violates SCR 20:2.4(c)(4). Filing documents prepared pursuant to this subsection in court can often be accomplished most efficiently by a lawyer familiar with the documents and, as long as done with the consent of the parties to the mediation, may be accomplished by the mediator without impairing his or her neutrality. However, any appearance by a lawyer in court on behalf of one or more parties is so closely associated with advocacy that it could compromise the appearance of neutrality and/or provide an occasion to depart from it. For this reason, although a lawyer who has served as a mediator may file documents with the court, such a lawyer may not appear in court on behalf of one or both parties. A lawyer who has served as a third party neutral, such as a mediator in a matter, may not thereafter represent any party at any stage of the matter. See SCR 20:1.12. Because the lawyer-mediator does not have a client-lawyer relationship with any of the parties, SCR 20:1.2(cm) does not apply. Subsection (5) makes it clear that the lawyer-mediator must make an equivalent disclosure. Filing of documents by a lawyer-mediator pursuant to this rule does not constitute an appearance in the matter. ABA COMMENT [1] Alternative dispute resolution has become a substantial part of the civil justice system. Aside from representing clients in dispute-resolution processes, lawyers often serve as third-party neutrals. A third-party neutral is a person, such as a mediator, arbitrator, conciliator or evaluator, who assists the parties, represented or unrepresented, in the resolution of a dispute or in the arrangement of a transaction. Whether a third-party neutral serves primarily as a facilitator, evaluator or decision maker depends on the particular process that is either selected by the parties or mandated by a court rty neutral is a person, such as a mediator, arbitrator, conciliator or evaluator, who assists the parties, represented or unrepresented, in the resolution of a dispute or in the arrangement of a transaction. Whether a third-party neutral serves primarily as a facilitator, evaluator or decision maker depends on the particular process that is either selected by the parties or mandated by a court. [2] The role of a third-party neutral is not unique to lawyers, although, in some court- connected contexts, only lawyers are allowed to serve in this role or to handle certain types of cases. In performing this role, the lawyer may be subject to court rules or other law that apply either to third- party neutrals generally or to lawyers serving as third-party neutrals. Lawyer-neutrals may also be subject to various codes of ethics, such as the Code of Ethics for Arbitration in Commercial Disputes prepared by a joint committee of the American Bar Association and the American Arbitration Association or the Model Standards of Conduct for Mediators jointly prepared by the American Bar Association, the American Arbitration Association and the Society of Professionals in Dispute Resolution. [3] Unlike nonlawyers who serve as third-party neutrals, lawyers serving in this role may experience unique problems as a result of differences between the role of a third-party neutral and a lawyer's service as a client representative. The potential for confusion is significant when the parties are unrepresented in the process. Thus, paragraph (b) requires a lawyer-neutral to inform unrepresented parties that the lawyer is not representing them. For some parties, particularly parties who frequently use dispute-resolution processes, this information will be sufficient. For others, particularly those who are using the process for the first time, more information will be required arties are unrepresented in the process. Thus, paragraph (b) requires a lawyer-neutral to inform unrepresented parties that the lawyer is not representing them. For some parties, particularly parties who frequently use dispute-resolution processes, this information will be sufficient. For others, particularly those who are using the process for the first time, more information will be required. Where appropriate, the lawyer should inform unrepresented parties of the important differences between the lawyer's role as third-party neutral and a lawyer's role as a client representative, including the inapplicability of the attorney-client evidentiary privilege. The extent of disclosure required under this paragraph will depend on the particular parties involved and the subject matter of the proceeding, as well as the particular features of the dispute-resolution process selected. [4] A lawyer who serves as a third-party neutral subsequently may be asked to serve as a lawyer representing a client in the same matter. The conflicts of interest that arise for both the individual lawyer and the lawyer's law firm are addressed in Rule 1.12. [5] Lawyers who represent clients in alternative dispute-resolution processes are governed by the Rules of Professional Conduct. When the dispute-resolution process takes place before a tribunal, as in binding arbitration (see Rule 1.0(m)), the lawyer's duty of candor is governed by Rule 3.3. Otherwise, the lawyer's duty of candor toward both the third-party neutral and other parties is governed by Rule 4.1. ADVOCATE ## Nearby sections - [SCR 20:2.1 SCR 20:2.1. Advisor](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_2_1.md) - [SCR 20:2.2 SCR 20:2.2. Omitted](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_2_2.md) - [SCR 20:2.3 SCR 20:2.3. Evaluation for use by 3rd persons](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_2_3.md) - [SCR 20:2.4 SCR 20:2.4. Lawyer serving as 3rd-party neutral](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_2_4.md) - [SCR 20:3.1 SCR 20:3.1. Meritorious claims and contentions](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_1.md) - [SCR 20:3.2 SCR 20:3.2. Expediting litigation](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_2.md) - [SCR 20:3.3 SCR 20:3.3. Candor toward the tribunal](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_3.md) - [SCR 20:3.4 SCR 20:3.4. Fairness to opposing party and counsel](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_4.md) - [SCR 20:3.5 SCR 20:3.5. Impartiality and decorum of the tribunal](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_5.md) - [SCR 20:3.6 SCR 20:3.6. Trial publicity](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_6.md) - [SCR 20:3.7 SCR 20:3.7. Lawyer as witness](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_7.md) - [SCR 20:3.8 SCR 20:3.8. Special responsibilities of a prosecutor](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_8.md) - [SCR 20:3.9 SCR 20:3.9. Advocate in nonadjudicative proceedings](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_9.md) - [SCR 20:3.10 SCR 20:3.10. Omitted](https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_3_10.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_WI_SCR20B_R20_2_4. Check the current official text before relying on it. Not legal advice.