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|