Back To Basics: Why Mediate?

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]

By |October 14th, 2022|Mediation|

Overriding Self-determination

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]

By |October 29th, 2021|Actual Mediations|

The Mediator as a Choice Architect.

One of the most important aspects of mediation is self-determination. Standard 1 of the Model Standards of Conduct for Mediation is entitled "Self-Determination." It provides that a mediator shall conduct a mediation based on self-determination which it defines as the "act of coming to a voluntary uncoerced decision in which [Read More]

By |September 24th, 2021|Research|

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|