All posts by mmoffitt@uoregon.edu

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

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

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

 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

Wrongful Death and Arbitration

A recent case from the Ohio Supreme Court illustrates a division in the way different jurisdictions treat workers’ compensation claims where the employer and employee signed an arbitration agreement. In Peters v. Columbus Steel Castings Co., 115 Ohio St.3d 134 (2007) http://www.sconet.state.oh.us/rod/newpdf/default.asp, the employee agreed to arbitrate all claims he might have against his employer. … Continue reading Wrongful Death and Arbitration

In Praise of (Written) Representations in Mediated Settlements

Too often, mediated settlement agreements produce post-mediation litigation in which one party alleges that the mediated agreement was the product of fraud. By encouraging parties to employ standard contracting devices, mediators can help parties to avoid some of most challenging aspects of these fights—and hopefully avoid the fights altogether. Last week, Professor Ellen Deason posted … Continue reading In Praise of (Written) Representations in Mediated Settlements