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Just Court ADR

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Posts Tagged ‘model rules’

The Silent Space: Mediation Confidentiality, the Right to Privacy, and the Mediator’s Role

Heather Scheiwe Kulp, July 12th, 2012

In her recent article in The Ohio State Journal on Dispute Resolution (and in previous articles here and a workshop here), Susan Oberman discusses the tension between mediation’s promotion of confidentiality and the constitutional right to privacy. While the article examines extensively the history of privacy, confidentiality, and constitutional/state law, I want to point mediators and court mediation program administrators to an issue of particular relevance for their practice. (more…)