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 ‘self-determination’
The Silent Space: Mediation Confidentiality, the Right to Privacy, and the Mediator’s Role
Just Court ADR, July 12th, 2012Combining Mediation and Unbundled Legal Services
Just Court ADR, July 5th, 2011Last month RSI’s Heather Scheiwe Kulp blogged about the need for courts to find creative solutions to the problems of increasing caseloads, increasing numbers of self-represented litigants and dwindling resources to handle it all. As if in answer, an article showed up in RSI inboxes last week that addressed these very issues. (more…)