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…)
Posts Tagged ‘mediators’
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…)
Speak Justly: Mediators and the Plain Language Movement
Just Court ADR, August 25th, 2011As a follow-up to last week’s post about interpreter services being required for all mediations, I’d like to pass along a fascinating article titled The Politics and Power of Plain Language by Jane M. Siegel, a professor at Thomas M. Cooley Law School (hat tip to Richard Zorza for highlighting this article in his recent post). Siegel references The Plain Writing Act of 2010, which requires federal agencies to write all new informational or filing documents, including (more…)
New Resources on CourtADR.org
Just Court ADR, July 18th, 2011Here is a list of the new, abstracted resources that have been added to CourtADR.org, RSI’s national resource center, in the past few weeks. These are just a few of the over 4,000 resources available on CourtADR.org. We are always looking to expand our collection – if you know of any new research, programs, legislation, videos, or other resources, please let us know! (more…)
