The Four Ways to Assure Mediator Quality (and why none of them work)

Shameless self-promotion alert!

Earlier today, I posted my first draft of an article entitled

The Four Ways to Assure Mediator Quality (and why none of them work)

I gave a presentation by the same title at Harvard Law School’s Dispute Resolution Forum about six weeks ago, and this draft reflects much of the feedback I received in that conversation.

The article is by no means polished or complete, and I would sincerely welcome your thoughts, feedback, and suggestions–either through the comment box below or by emailing me directly. Many thanks in advance for your comments!

Michael Moffitt

2 thoughts on “The Four Ways to Assure Mediator Quality (and why none of them work)”

  1. I was involved in a mediation where the mediator was the attorney for the brokerage firm. He handled past, present and future cases for them. Both My atty and broker atty picked this mediator. My atty did not disclosed this fact to me prior to the mediation. During the caucus the mediator said his name and that he will be mediating the mediation and asked if I understood. I said yes.
    He did not disclose his involvement to broker during that time.
    No documents were shown during the mediation caucus.
    The only comments that were made was my atty talk about my spending habits, broker atty said I have phone recorded that shows I spoke with my broker everyday and I approved the transactions in my accts.
    We adjorned. When mediator took me , my atty to a back room, that’s when I learned the mediator’s involvement with brokerage firm. My atty nor the mediator told me my rights whether to continue the mediation or to get a new mediator . They knew the “CONFLICT of INTEREST”.

    They let me stoop there all day basically by myself more then 3 or 4 hrs. There was only 1 offer on the table. They said the mediation was confidential and I could not call anyone.
    Both my atty and mediator said that my case was weak because of my spending habits and that the arbitrators who would hear my case would not give me a favorable settlement because of that fact. My kids accounts were dropped because I was told they didn’t lose that much money.
    I was so upset, under duress and I could not believe I was hearing all of this.
    My claim was for $1.2M. The only offer on the table was for $105,000.00. Because of what the Mediator and my atty said. I signed under duress.
    I fired my atty after the mediation. When the real docs came to my house, I refused to sign them. I hired another Atty, had my case reinstated with the NASD. Broker firm filed a Preliminary Injunction to bind the mediation agreement. Had 2 hearing, both my attys lied under oath, plus 2nd atty did not file docs to the federal court in time, plus other things.

    Because of the outcome of my case, the Judge ruled in Broker favor.

    I’m going BROKE!!!!!

    No atty in S. Florida wants to help me.

    Where is the JUSTICE!!!! I’ve had my house for sale for 2 yrs. I’m Drained emotionally, financially from this whole situation.

    I NEED HELP and no 1 wants to help.
    I’m going to lose my house because of Attorneys behavior, unprofessionalism, unethical practices. They were ineffective counsels to me.

    I need help, PLEASE!!!!

    Sincerely,

    Classmom2
    Gloria H.

  2. FYI, I will be publishing a revised version of the article posted above in a 2009 issue of the Ohio State Journal on Dispute Resolution.

    Michael Moffitt

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