Conflict Resolution

Advanced Problem-Solving Strategies

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At a program I participated in this week (my part is summarized in the two posts below on choosing a mediator), co-sponsored by the Santa Monica Bar Association, one of the panelists, mediator Mark Fingerman, gave an informative presentation on mediation ethics. The problem of assuring that mediations are conducted in a fair and ethical manner is complicated by strict protections for mediation confidentiality that exist in California. While confidentiality is generally agreed to be necessary to the process, prohibitions against introducing evidence of misconduct alleged to have occurred during mediations can potentially give free rein to attorneys–and mediators–to pressure or deceive parties into agreeing to settlements to which they might not have agreed otherwise. In fact, mediation seems in […]

In the climactic scene in the new movie Philomena (the title character played by Judi Dench), the two protagonists confront some of the Irish nuns who forced Philomena and other teenage girls to give up children born out of wedlock. The journalist Martin Sixsmith, played by Steve Coogan, has only harsh words for these nuns, angrily condemning them for their lies and brutality. Philomena, on the other hand, who suffered most directly from the sisters’ having wrenched her child from her, turns to one of the nuns responsible for her treatment, and says “I forgive you.” Both, it seems to me, are valid and understandable reactions. The journalist will channel his anger into writing a devastating exposé of the church’s harsh […]

Assuming you have an idea of the qualities you are looking for in a mediator, how do you go about locating a mediator who fits the bill?  Your telephone and computer can lead you to much more comprehensive sources than will be found on the list that your colleague down the hall keeps in his top drawer. You can always call one of the commercial provider organizations, and they will be happy to send you a slate of resumes of the members of the panel. You can Google various search terms that could direct you to the type of mediator you are looking for. If you want something more organized, there are a number of online directories available. Those who […]

In Los Angeles County, where the court is no longer assigning mediators, attorneys who used to rely on the ADR panels might be feeling a bit at sea. One reason is that many attorneys appreciated the court’s service in saving them the bother of having to choose a mediator. That way attorneys didn’t have to admit to their adversaries that they might be interested in settlement. They didn’t even have to try to reach agreement with opposing counsel on how and where to conduct mediation. They didn’t have to admit to their clients that they might actually want to let go of their dog of a case. If they wanted to, they could blame the court for forcing this procedure […]