A Conflict of Interest

Mediators are supposed to avoid conflicts of interest. According to Standard III of the Model Standards of Conduct for Mediators (2005): …[a] conflict of interest can arise from involvement by a mediator with the subject matter of the dispute or from any relationship between the mediator with the subject matter [Read More]

By |September 17th, 2021|Actual Mediations|

Mediation Briefs and Preparation

Why do mediators request briefs from the parties? No- it is not just to learn about the case. Their more important function is to force the parties to think and analyze their case; to give some thought about the strengths and weaknesses of their respective cases and consequently, their position [Read More]

By |July 16th, 2021|Mediations|

Sometimes, It Pays to Pretend Anger!

Standard I of the Model Standards of Conduct for Mediators is entitled “Self- Determination” and provides that each party is to make a free and informed choice as to process and outcome. Mediation is a voluntary process in which each party is to make her own uncoerced decision. Standard II [Read More]

By |September 27th, 2019|Actual Mediations|

Mediator Inconsistency

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]

By |March 1st, 2019|Mediations|

The Non-Mediation Mediation

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. [Read More]

By |August 25th, 2017|Actual Mediations|
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