Tag Archives: mediation

Some Puffing Sucks . . . But Developing Good Relationships Is More Likely to be Effective than a New Rule

“Oh Boy! A fight.” That’s often what I say in class when students vigorously disagree. I like these “fights” because they usually lead to helpful discussions that clarify differing views.   So when Andrea wrote her post, Puffing Sucks, I thought, “Oh Boy! A fight.”   She argues that puffing is “[l]ying, through and through,” … Continue reading Some Puffing Sucks . . . But Developing Good Relationships Is More Likely to be Effective than a New Rule

What constitutes “substantially related” issues where mediator wishes to represent a party in a subsequent dispute?

I just came across a case involving an ethics issue in mediation that I found interesting. Although the issue does not arise frequently, courts have considered whether a mediator can serve as a representative for one of the mediation parties in a subsequent dispute. The resolution often turns on the question whether the disputes are … Continue reading What constitutes “substantially related” issues where mediator wishes to represent a party in a subsequent dispute?