self-determination

1 03, 2019

Mediator Inconsistency

By |2019-02-01T11:43:04+00:00March 1st, 2019|Mediations|0 Comments

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 are not law, they are [...]

25 08, 2017

The Non-Mediation Mediation

By |2017-08-03T14:47:13+00:00August 25th, 2017|Actual Mediations|1 Comment

In 2005, the American Bar Association together with other organizations, adopted the Model Standards of Conduct for Mediators. Standard 1  entitled “Self Determination”  defines it as … the act of coming to a voluntary, uncoerced decision in which each party makes free and informed choices as to process and outcome. Parties may exercise self-determination at [...]