Last semester, one of my students took the wrong take home exam. So, I prepared a special make up exam which was simple yet required a lot of thought: Rank in terms of importance five of the nine model standards in the Model Standards of Conduct for Mediators and explain [Read More]
Until now, California was the only state in the United States which did not adopt the “snitch” rule contained in Rule 8.3 of the American Bar Association’s Model Rules of Professional Conduct. On June 22, 2023, that changed: The California Supreme Court adopted a modified version of the ABA’s Rule [Read More]
In our day-to-day living, we have encountered those (and indeed it may even be us) who have had a conflict of interest and so have disclosed it. It may have been our real estate broker who is representing both the buyer and seller, or our medical professional who is being [Read More]
This past Monday--March 20- marked the ten-year anniversary of the International Day of Happiness. Evidently, it was created by a United Nations Resolution passed at its 118th plenary meeting on June 28, 2012, declaring March 20th of each year to be the holiday. As one might guess, the resolution was [Read More]
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 matter of the dispute or from any relationship between the mediator with the subject matter [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]
Thanks to “safer at home” orders, I, like many other mediators, have spent my time learning the intricacies of video conferencing and more specifically Zoom as it has become crystal clear that mediations by telephone or video conference will be the “new normal”. It will be many months if not [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]
