Mediation Ethics (eBook)

Ellen Waldman is a professor of law who teaches, lectures, and trains in the area of mediation and health care ethics. She is the founder and director of the Mediation Clinic at Thomas Jefferson School of Law in San Diego and has published extensively on mediation, bioethics, and other related topics. She has mediated a wide variety of disputes and serves on private and public health care ethics committees.

Preface ix

Acknowledgments xiii

1 Values, Models, and Codes 1

2 Autonomy and Diminished Capacity 27
Commentators: Carol B. Liebman and Mary Radford

3 Autonomy and the Emotions 55
Commentators: Dorothy Della Noce and John Winslade

4 Disputant Autonomy and Power Imbalance 87
Commentators: Forrest S. Mosten and Bill Eddy

5 Tensions Between Disputant Autonomy and Substantive Fairness: The Misinformed Disputant 113
Commentators: Lela P. Love and Jacqueline Nolan-Haley

6 Information, Autonomy, and the Unrepresented Party 155
Commentators: Michael Moffitt and Dan Dozier

7 Mediating on the Wrong Side of the Law 177
Commentators: John Bickerman, Jeremy Lack, and Julie Macfarlane

8 Mediating with Lies in the Room 199
Commentators: Dwight Golann and Melissa Brodrick

9 Confidentiality 227
Commentators: Bruce Pardy and Charles Pou

10 Confidentiality Continued: Attorney Misconduct or Child Abuse 255
Commentators: Art Hinshaw and Gregory Firestone

11 Conflicts of Interest 277
Commentators: Bruce E. Meyerson, Wayne Thorpe, Roger Wolf, and Susan Nauss Exon

12 Mediating Multiculturally: Culture and the Ethical Mediator 305
Commentators: Carrie Menkel-Meadow and Harold Abramson

13 Ethics for ADR Provider Organizations 339
Commentators: Phyllis Bernard and Susan M. Yates

Appendix: Model Standards of Conduct for Mediators 369

Notes 381

The Editor 419

The Contributors 421

Index 431

In her intriguing book, Mediation Ethics: Cases and
Commentaries, Professor Ellen Waldman offers the mediation
profession an opportunity to explore ethical conundrums in a most
innovative and instructive way. Drawing on the problem-based
approach to ethics native to other professions, she sets forth
numerous ethical challenges that illuminate the grey areas often
confronted by mediators. Professor Waldman deftly identifies those
dilemmas that elude easy answers and her problem method encourages
the reader to move beyond an articulation of mere rules to a more
profound comprehension of the real difficulties inherent in
practice.

Professor Waldman's problem-based method offers a special bonus;
many of the "commentators" are experts in their own right who bring
long years of study, scholarship, and practice to their
discussions. Mediation Ethics makes clear that even
"experts" differ as to the 'correct' way to proceed and that what
practicing mediators require most when confronting ethics puzzlers
is nuanced judgment and a clear understanding of what is at stake.
Mediation Ethics takes us a long way toward this sort of
judgment and understanding and should be required reading for
practitioners, academics, and trainers alike.

--Kimberlee K. Kovach is the Director for The Frank
Evans Center for Dispute Resolution and serves as the Distinguished
Lecturer in Dispute Resolution at South Texas College of Law

Ellen Waldman's Mediation Ethics is a brilliant
tapestry. With sophistication and clarity, it details, analyzes and
embroiders a series of case studies using rules, mediation models,
and the insights of many leading mediators and commentators. A
wonderful synthesis of the theoretical and practical, it should be
required reading for anyone who mediates or who uses, teaches,
regulates, or studies mediation.

--Leonard L. Riskin, Chesterfield Smith Professor of
Law, University of Florida Levin College of Law