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The Mediator’s CREED Ethical Considerations for Selecting a Mediator and Participating in a Mediation

The Mediator’s CREED Ethical Considerations for Selecting a Mediator and Participating in a Mediation. Presented By: Rob Eichelbaum Davis Law Firm Adj . Professor St. Mary’s University School of Law. Defining Mediation.

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The Mediator’s CREED Ethical Considerations for Selecting a Mediator and Participating in a Mediation

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  1. The Mediator’s CREEDEthical Considerations for Selecting a Mediator and Participating in a Mediation

    Presented By: Rob Eichelbaum Davis Law Firm Adj. Professor St. Mary’s University School of Law
  2. Defining Mediation Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. Tex. Civ. Prac. & Rem. Code §154.023(a)
  3. Who Serves as Mediator? An impartial third party. Some Training or Experience. Trusted and/or Respected by All Parties Recommended and/or Appointed by the Court
  4. So You Need a Mediator…Who Do you Select?
  5. Selecting A Mediator SABA Survey - 2009
  6. Selecting the “Right” Mediator Should be Like Selecting the “Right” Movie… Your choice should be based on your particular needs at that time.

  7. When Selecting a MediatorConsiderThe Mediator’s CREED

    Communication Skills Risk Analysis Experience Evaluative Standard Distribution Analysis
  8. Communication Skills Does the Mediator understand what the parties are saying? Is the Mediator picking up both verbal and non-verbal cues from the parties? Is the Mediator overlaying his/her definition concerning “subjective interests”?
  9. OCEAN
  10. Communication Skills Does the Mediator understand what the parties are saying? Is the Mediator picking up both verbal and non-verbal cues from the parties? Is the Mediator overlaying his/her definition concerning “subjective interests”?
  11. Subjective Interests Love Respect Power Safety Security Control Approval Freedom Appreciation Independence Self Esteem Acceptance Trust Understanding Consideration Safety
  12. Risk Analysis Money Time Risk Other
  13. Experience Subject-Matter Expertise Mediation Background “Interpreter” Skills Respect of the Parties and Party Advocates Ability to Deal with High Conflict People / Highly Charged Emotional Issues
  14. Evaluative Approach Rights Based Mediation Interest Based Mediation
  15. Rights Based Mediation Primary focus is on the Conflict Mediator tends to be more Evaluative Mediator spends less time on Party Relationship Mediations tend to “wrap up” or go to “impasse” quicker
  16. Interest Based Mediation Primary focus is on the Parties Mediator tends to be more Conciliatory Mediator spends more time on Relationship perhaps to the detriment of the conflict Mediations tend to extend to multiple sessions
  17. Evaluative Approach Rights Based Mediation Interest Based Mediation
  18. Distribution Analysis Egalitarian Rationality Holistic Intensity
  19. Distribution Analysis The Experiment Leave $100.00 in a room, but don’t let the other people know it belongs to you. Announce that you have “found” the money and ask others what to do with it?
  20. Egalitarian Analysis Will suggest the money be shared by all Divide it Amongst those in the Room Put into a communal pot (Group Snack) Try to Find a Solution to Satisfy Everyone
  21. Rationality Analysis Will suggest the money be given to the “Right” Person Finders / Keepers Track Down the Original Owner Most Deserving Try to Find a Solution Based upon a Logical / Legal Argument
  22. Holistic Analysis Will suggest the money go Somewhere Else Give it to Lost and Found Donate it to Charity Try to Find a Solution to Satisfy A Greater Interest or Avoid a Solution to Keep Peace
  23. Distribution Analysis Egalitarian Rationality Holistic Intensity

  24. When Selecting a MediatorConsiderThe Mediator’s CREED

    Communication Skills Risk Analysis Experience Evaluative Standard Distribution Analysis

  25. What to Do WithThe Mediator’s CREED

    Analyze which Skills Best Help You to Resolve the Case Consider how the Mediator will interact with your client AND the other parties

  26. How Do You Find Out The Mediator’s CREED

    Previous Experience with the Mediator Do Your Research Peer Opinions Articles / Organizations ASK THE MEDIATOR!

  27. When Selecting a MediatorConsiderThe Mediator’s CREED

    Communication Skills Risk Analysis Experience Evaluative Standard Distribution Analysis
  28. Conclusion Rob Eichelbaum Davis Law Firm Tel. (210) 826-7557 Robe@jeffdavislawfirm.com
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