Standard I of the Model Standards of Conduct for Mediators is entitled "Self-Determination" and admonishes us that "a mediator shall conduct a mediation on the principle of party self-determination." It then defines "self-determination" as" …the act of coming to a voluntary uncoerced decision in which each party makes free and [Read More]
In a recent post, I discussed a book I just finished reading, The Power of Ethics by Susan Liautaud (Simon and Schuster, New York, NY 2021). While Professor Liautaud made many interesting points, her definition of "ethics" caught my attention: "For centuries, we have shared common expectations of how we [Read More]
In the spring of 2013, the California Law Revision Commission began its study K-402- on creating an exception to mediation confidentiality for attorney malpractice and other attorney misconduct. In June 2017, it issued its Tentative Recommendation which I have extensively discussed in previous blogs. Although, the opposition to the Tentative [Read More]
On Saturday, March 19, 2016, the Southern California Mediation Association held a Town Hall on two topics: mediator certification and mediation confidentiality. It is the latter that I wish to discuss. The Supreme Court of California has repeatedly held that mediation confidentiality as set out in California Evidence Code Sections [Read More]
