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]
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 42 USC § 1983 (violation of civil rights) by chalking her tires in violation of [Read More]
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]
I recently finished reading The Power of Moments by Chip Heath and Dan Heath (Simon &Schuster, New York 2017) for an upcoming book club discussion. The authors note that we spend the bulk of our lives living forgettable moments. Yet, every once in a while, we have a moment [Read More]
I learned a new term recently: noise. Not “noise” as in a room full of people talking loudly, but “noise” as opposed to “bias”. Whereas “bias” is defined as errors in judgement, “noise” is defined as “the random errors that create decision risk and uncertainty.” ( Noise Versus Bias- We [Read More]
No doubt, you have encountered the situation where you are addressing a group of people and ask a question and are met with silence… absolute quiet! It feels awkward… no one is answering your question.(Indeed, Anglophones can not tolerate more than four seconds of silence while the Japanese can tolerate [Read More]
Let us suppose a hypothetical: you are given notice of the date and time of a court ordered mediation but choose not to attend. Those who do attend reach an agreement and sign a settlement agreement. Is that agreement binding on you although you did not attend the mediation? While [Read More]
Teaching mediation ethics has its good points and bad points. The good is that I have been required to learn the subject matter in depth; the bad is that oftentimes in an actual mediation I am cognizant (or more so) of ethical issues which may escape the (full?) attention of [Read More]
