Recently, the topic of whether mediators should draft settlement agreements arose in my mediation ethics class. I suggested that if the parties have attorneys, the mediator should encourage the attorneys to draft the agreement. A student took issue stating that then the mediator loses “control”. I disagreed noting that the [Read More]
As part of my preparation to teach a class on mediation confidentiality, I reviewed the Uniform Mediation Act with all of its comments (UMA). In doing so, it struck me that although mediation is extremely popular and common place, it would be good to remind ourselves why we should mediate [Read More]
On July 14, 2020, I gave a zoom presentation entitled “Some Thoughts on Ethics in the Age of Online Dispute Resolution.” As an aside it was for a wonderful cause- “Will Work for Food”. The concept is that the attendees- rather than paying a registration fee to attend the presentation [Read More]
Recently, I posted a blog about some of the ethical issues that might arise in mediating online using a video conferencing service. While I raised several issues, I did not address how to respond to the issues. The myriad of scholars in the Online Dispute Resolution Field have done so. [Read More]
One of the most important aspects if not THE most important aspect about mediations is that they are confidential. What is said by the parties and/or mediator during a mediation stays there. This is absolutely necessary to encourage forthright disclosure, build trust and rapport among the parties, trust in the [Read More]
