Hi All, So, here is something we are wrestling with here in California. We have perhaps the most restrictive confidentiality rules protecting mediation that I...
Hi Lee Jay, Geoff, Barry, Colm and all, If you came to the Arbitrators & Mediators discussion at Yahoo Groups via Geoff Sharp's blog, mediator blah...blah...,...
Hi Lee Jay: We also wrestled with this in Colorado (where our current law on confidentiality in mediation is perhaps as restrictive as California's ) when we...
Lee Jay raises an interesting question about confidentiality and John touches upon the idea of an agreement to mediate. I can see the merit of covering...
Lee Jay, We address confidentiality (Privacy) as an important part of our "Agreement to Mediate'. We address the legal issues where we are compelled by law to...
I had an interesting issue arise this week regarding confidentiality. I was mediating a multi-party case and we were able to settle with the first of the...
Thanks for letting us consider your dilemma. I believe the settling defendant's attorney question to you, essentially asking you to reveal information from...
In my family mediation private practice, my consent to mediate goes beyond the usual/basic confidentiality exceptions (threats of harm, reports abuse or...
From mediator blah...blah... (Geoff Sharp - NZ) HYPERLINK "http://mediatorblahblah.blogspot.com/"http://mediatorblahblah.blogspot.com/ SIR ANTHONY CLARKE,...
Can anyone suggest an article or two about med-arb and/or arb-med as I am working on a short article about hybrid processes? Thanks, Colm Colm Brannigan, LL.M....
Colm, take a look at my blog post "How to make med-arb work - yeah right" found at http://mediatorblahblah.blogspot.com/2007/06/how-to-make-med-arb-work-yeah-r...
So, Peter, I've been away, but I want to thank you for your contribution, and also to ask specifically what your policy is if someone wants to complain to you...
Thanks, Colm, for the two articles you recently posted—the one concerning mediator pay and the new one, a speech by Sir Anthony Clark, Master of the Rolls in...
Lee Jay, I have attached a copy of both our "Mediator and Arbitrator Disclosure Statement" for your review. They are also located on the CDRS website in the...
Colm, I am on the American Bar Association "Expanded Conflict Management Processes" committee. Attached are articles that I wrote for that committee on...
Thanks Peter, So, in short, it sounds as though your firm treats mediation confidentiality as a privilege that can be waived by all parties (does that include...
Lee Jay, First, I must point out that both our Mediation and Arbitration Rules clearly states that if any of our Rules or Procedures are contrary to or are in...
Lee Jay, I have attached a copy of our "Settlement Conference Agreement" which is utilized when the parties have pre-agreed to settle their dispute but need ...
Hi all, just a word of warning about how this listserve works. If you hit 'Reply', instead of 'Reply All', you would think that you are sending a message just...
Peter states "Please note that we specifically indicate that all information shared in a private caucus is NOT CONFIDENTIAL unless requested to be confidential...
Lee Jay and Peter: (I deleted the string so as to prevent log-jamming of your e mails). I run a Mediation Center in Florida, and am certified in Florida as a...
... Peter & Jen: In my experience, this is a methodology used by some mediators, and I suspect loathed by others. I fall into the latter group for the...
Another Great (or perhaps Sad) Post from Geoff Sharp: http://mediatorblahblah.blogspot.com/2008/06/why-do-so-few-mediators-make-an y-money.html Colm Colm...
Jonathon seems to mention two groups of mediators and their differing methodological approaches. There can be a diversity of models in ADR including mediation...
Ever consider the "corrupt" mediator? One who hides behind the cloak of confidentiality to avoid oversight? We each think of ourselves as honest, and we...
Good question. We could establish a bureaucracy and impose a lot of rules. That might stop your attorney friend but it might just create a lot of expense and...