Find Mediators Near You:

Ethical Codes and the Commercial Mediator

From the blog mediator blah…blah…

Over at ADR Prof Blog, Michael Moffit posts a PowerPoint presentation by Dwight Golann and Ellen Waldman on Ethical Codes and the Commercial Mediator.

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

                        author

Geoff Sharp

Geoff Sharp is a Commercial Mediator from Wellington, New Zealand. Geoff works in the Asia Pacific region, including New Zealand, Malaysia, Thailand and Pacific Islands. He is a mediator resolving business problems. He is a fellow of the International Academy of Mediators and mediates complex and hotly debated litigation covering… MORE >

Featured Members

ad
View all

Read these next

Category

Conflict Resolution Terms Defined

I’ve had repeated requests for the language I use to describe and define common conflict resolution terms like dispute, conflict, mediation, and facilitation. Here’s the language I use and a...

By Tammy Lenski
Category

Keystone Conference Final Report

Final Conference Report Consolidating Our Collective Wisdom Best Counsel and Advice to the Next Generation October 8-11, 2006 at Keystone, Colorado Background On October 8-11, 2006 The Keystone Center and...

By James (Jim) Melamed
Category

Mediation Vignette: Last Hard Choice

You leave 20 minutes late. You turn left instead of right. Choices are made. Paths taken and forces come together, with consequence. And if you freeze frame this picture of...

By John R. Van Winkle
×