From the blog mediator blah…blah…
The underlying message is that ethical codes are clear, practice is not – ask any seasoned mediator, they’ll say the same in a tired but resigned tone.
Just two of the interesting angles on ethics covered in the slides include;
1. Manipulation vs Reality Testing – including the use of fear – something this blog has attempted to tackle a while back in a post The legitimate use of fear to encourage settlement;
• Giving a slanted opinion – overstating risks – is manipulation.
• What if mediator gives accurate info – but intentionally focuses on a sensitive issue?
• What if disputant wants to settle to avoid a risk that mediator views as unlikely? Is silence OK?
2. Conflicts of Interest – again touched on here at this blog in a recent post ‘Get a life’ or ‘Yeah, right on’, with an erudite response by Moffit in his post The Ethics of Mediators Who Party;
• Commercial mediators are hired almost exclusively by lawyers, not clients, and must keep them content or lose business
I watched the debate last night with people who support my candidate. They all also happened to be mediators, so they understand concepts like confirmation bias --the tendency to search...By Victoria Pynchon
Consensus Building Approach by Larry SusskindImagine you had all the data you could possibly want about a city. I’m talking about real time readouts of all inputs and output, along...By Larry Susskind
After an unprecedented year of catch-as-catch-can learning, most students will feel a tad behind the eightball, which is expected. That's book-smarts; how about emotional intelligence? Let's be honest, for some...By Veera Mahajan