At the 2008 AALS Section meeting, Dwight Golann and Ellen Waldman (two of the most thoughtful scholars of mediation ethics I know) presented a talk entitled “Ethical Codes and the Commercial Mediator.”
They have graciously agreed to share the powerpoint materials they used in the presentation. (Attached below.)
I am hopeful that we may entice them to respond to questions here at indisputably.org. Thank you, Dwight and Ellen.
Ethical Codes and the Commercial Mediator
2 thoughts on “Ethical Codes and the Commercial Mediator”
Bravo! (probably my shortest comment on anything, anytime.)
Nice work in honing in the practical challenges in working with ethical codes.
As you may have heard, the ABA Section of Dispute Resolution Task Force on Improving Mediation Quality recently issued its report, which you can access at http://www.abanet.org/dch/committee.cfm?com=DR020600 . The report addresses the same underlying issues in non-family civil cases and tries to provide a nuanced approach. It assumes that all parties have lawyers, which simplifies some problems and creates some others.
The Section is planning to pursue the recommendations for following up the Task Force findings and you might want to get involved.