In her recent article in The Ohio State Journal on Dispute Resolution (and in previous articles 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…)
Posts Tagged ‘good faith’
The Silent Space: Mediation Confidentiality, the Right to Privacy, and the Mediator’s Role
Just Court ADR, July 12th, 2012Part 3 of 3: Foreclosure Mediation Best Practices
Just Court ADR, March 14th, 2012MEDIATION SESSION ELEMENTS
Ensure Mediators are Well-Trained
Some programs, fearing they will not be able to attract people to mediate, lower the requirements for training mediators. Instead of the normal 40 hour mediation training, they may require only 12 hours of training with an additional training in foreclosure law, or only require that the mediator be an attorney. This lack of training jeopardizes the mediation process itself, as people may not have the tools after 12 hours of training to manage such a complicated discussion. Connecticut’s program boasts a high settlement rate, in part because (more…)
Groundbreaking Court Decision Requires Courts to Comply with Mediators
Just Court ADR, July 15th, 2011Housing advocates are lauding the Nevada Supreme Court’s trio of decisions, released Thursday, about Nevada’s foreclosure mediation program. However, under the surface of Pasillas, Redmon, and Leyva lurks factors that could cause upheaval (more…)
Reporting on Reporting on Good Faith
Just Court ADR, March 9th, 2011No one wants parties in a mediation to sit at the table with their arms crossed, refusing to talk. But who, if anyone, should tell mediators how to evaluate a party’s good faith participation in mediation? (more…)
