All posts by mmoffitt@uoregon.edu

ABA Lawyer as Problem Solver Award Call for Nominations

February 14, 2008 mmoffitt@uoregon.edu

David White and Woody Mosten are soliciting nominations for the 2008 ABA Lawyer as Problem Solver Award and the Lawyer as Problem Solver Exercises. Each year, the Lawyer as Problem Solver Committee seeks to identify those colleagues who have distinguished themselves through a commitment to creative advocacy. Such individuals are a force for positive change through their dynamic representation of … Continue reading ABA Lawyer as Problem Solver Award Call for Nominations →

Today’s New York Times Editorial

February 7, 2008 mmoffitt@uoregon.edu

Today’s New York Times Editorial entitled “The Cult of Secrecy at the White House” includes reference both to ombudsmen and to mediation. I am neither an every-day reader of the NYT editorial page, nor is my long-term memory as reliable as I’d prefer. But I cannot recall either of these staples of modern dispute resolution appearing … Continue reading Today’s New York Times Editorial →

Blind Negotiations

February 5, 2008 mmoffitt@uoregon.edu

According to a traditional dynamic in a case with multiple defendants, a plaintiff makes a demand (or a new demand), and then each defendant has to decide how much to indicate it is willing to contribute to a settlement (with that calculation being based in part on the plaintiff’s demand and in part on the defendant’s … Continue reading Blind Negotiations →

Deal Mediation

January 24, 2008 mmoffitt@uoregon.edu 1 Comment

The ABA has just released promotional materials about an upcoming CLE program with the title “Deal Mediation: A New Use for an Old Friend.” I have at least four reactions: 1. It’s nice to hear the ABA refer to Mediation as an “old friend.” 2. It’s not clear to me that Deal Mediation is all … Continue reading Deal Mediation →

The Ethics of Mediators Who Party

January 10, 2008 mmoffitt@uoregon.edu 2 Comments

In his blog Mediator Blah…Blah, mediator (and barrister) Geoff Sharp posted an entry last month about an incident that occurred at a holiday party thrown by one of his clients. Among the blog responses he received was a suggestion that he ought not to have been attending a holiday party offered by a former client … Continue reading The Ethics of Mediators Who Party →

Practical Ethics for Mediators in 2008?

January 4, 2008 mmoffitt@uoregon.edu 1 Comment

Practical Ethics for Mediators in 2008? No, this is neither a prediction nor a demand. Rather, it is a new year’s wish on my part. A book with a title something roughly like that is slated to appear this coming year, I believe. And I look forward to it greatly. Conceived and edited by Professor … Continue reading Practical Ethics for Mediators in 2008? →

Evaluating Agents, Attorneys, Arbitrators, Mediators (and Students)

December 14, 2007 mmoffitt@uoregon.edu 1 Comment

The agency literature is filled with discussions of how best to structure compensation systems to promote the right incentives for people we hire to do things on our behalf. Embedded in most of it is an assumption that we can tell when someone is doing a good job. That’s not a bold assumption when I … Continue reading Evaluating Agents, Attorneys, Arbitrators, Mediators (and Students) →

Mediator Ethics … and What Actually Guides Us

December 2, 2007 mmoffitt@uoregon.edu 3 Comments

Do practicing mediators actually turn to conventional articulations of mediation ethical standards for guidance? So much ink has been spilled describing mediator standards, and so many hours have been devoted to parsing their every word, that some might hope the answer is “Yes, of course!” But I doubt busy mediators ever consult them. I personally … Continue reading Mediator Ethics … and What Actually Guides Us →

Ongoing Relationships and the Perils of Gratitude

November 30, 2007 mmoffitt@uoregon.edu 1 Comment

Last week, I wondered aloud (or whatever the blog equivalent of “aloud” may be) why I had so few experiences in which mediation parties said “thank you” to each other upon arriving at a settlement. Geoff Sharp indicated that his experience in New Zealand was different—that he routinely sees parties thanking each other early and often … Continue reading Ongoing Relationships and the Perils of Gratitude →

Thanks-Giving in Mediation

November 21, 2007 mmoffitt@uoregon.edu 1 Comment

At the conclusion of a mediation I did some years ago, one of the parties did something weird. Really weird. They said “thank you” to the other side. Had these parties mid-read the standard mediation script? The other party was clearly taken aback, and I remember feeling almost awkward. “Thank you”?! They were “supposed” to … Continue reading Thanks-Giving in Mediation →