Suppose you are mediating a divorce in which the wife agrees to accept 25% of the community assets in settlement even though a court would award her 50%. She wants the matter concluded as quickly as possible in the worst way and so will accept anything to be done with [Read More]
Last semester, one of my students took the wrong take home exam. So, I prepared a special make up exam which was simple yet required a lot of thought: Rank in terms of importance five of the nine model standards in the Model Standards of Conduct for Mediators and explain [Read More]
I will never understand why people go to mediation (and pay lots of money to a mediator) when they are not prepared to settle. I had another one of those mediations recently that went nowhere even before it started. I knew something was amiss when I did not receive any [Read More]
Thanks to “safer at home” orders, I, like many other mediators, have spent my time learning the intricacies of video conferencing and more specifically Zoom as it has become crystal clear that mediations by telephone or video conference will be the “new normal”. It will be many months if not [Read More]
In preparing to teach a class on mediation ethics, I read Mediation Ethics edited by Ellen Waldman (Jossey-Bass, San Francisco, 2011). In it, she makes a point I had never thought about: The Model Standards of Conduct for Mediators are inconsistent. (Id. at 13-14.) (“Model Standards”) While the Model Standards [Read More]
