Mediation Blog
An Implicit Bias with Deadly Consequences!
I was watching Grey's Anatomy the other night when an implicit bias crept into the story. One patient was a black woman in need of a kidney transplant. She explained to her new doctor that [Read More]
Difficult People
In Mediation Ethics: A Practitioner's Guide edited by Omer Shapira (ABA 2021), Bill Eddy contributes chapter 8 entitled "Dealing with Difficult Parties" (pp. 165-185.). Mr. Eddy defines a difficult party as “… someone who demonstrates [Read More]
Macro Ethics and Micro Ethics
I always thought ethics was ethics. But evidently, there are two types: macro ethics and micro ethics. According to Wikipedia, Macro ethics is a term that was coined in the 20th century "… to distinguish [Read More]
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 [Read More]
A Conflict of Interest
Mediators are supposed to avoid conflicts of interest. According to Standard III of the Model Standards of Conduct for Mediators (2005): …[a] conflict of interest can arise from involvement by a mediator with the subject [Read More]
Don’t Chalk My Tires, Or Why Mediation is Not Appropriate.
In May 2019, I posted a blog discussing the creativity of lawyers and "out of the box" thinking. On behalf of their client Alison Patricia Taylor, the lawyers sued the City of Saginaw, Michigan under [Read More]
