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]
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]
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]
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]
