On
Ethics in Mediation....
 "…if
the public’s confidence in the mediation
process were to be eroded, the efficacy of
mediation as a peaceable resolution process
would be diminished. Most mediators were taught
that risk is the mediator’s currency. I
disagree. Before the parties will even grant
passport to a mediator to speak to them of the
risks inherent in their dispute, they must first
trust the mediator. The foundation of the
effectiveness of mediation is the confidence of
the participants in the integrity of the
mediator…
Just
yesterday a former president of TTLA expressed
the opinion that cases are most likely to settle
in mediation when all of the parties and their
counsel trust the mediator. "It is hard to
get a case settled when the lawyer’s number
one concern is protecting their private parts
from the mediator." Anonymous." To
read more click
here.
From
"Ethics in Mediation
– Protecting the Integrity of the Mediation
Process" - an article, written by Randall
E. Butler, that has appeared in the Houston
Lawyer, journal of the Houston Bar Association and
in The Texas Mediator, A publication of the Texas
Association of Mediators. Copyright © 2000 &
2001 by Randall E. Butler, All Rights Reserved)
Are you kidding, bring the expert witnesses to
the mediation?
"Some time ago I was asked to conduct a
mediation that, if not experimental in its format, was at least
out of the ordinary for the lawyers involved and for myself….[I]n
the mediation that is the subject of this article…the lawyers
decided to bring expert witnesses to the table for a
face-to-face confrontation on the issues crucial to the
resolution of the case…I served as a moderator and referee
during the expert witness sparring." To read more click
here.
From "Mediator as Moderator – A Different
Approach to Mediation," by Randall E. Butler - an edited
version of a similar article, also written by Randall Butler,
and published in The Texas Lawyer, June 29, 1998.
Coming soon:
"Roles I Have Played On the Small Stage of Mediation."
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An
Introduction to Mediation
for
Non-Lawyers. |
Click
here for a link to a paper explaining the
mediation process to first-time participants who
are not lawyers. If you represent a client who
has never been to mediation this paper may be of
some help in preparing him or her for the
process. The usual format of the mediation is
discussed as well as the philosophy underlying
much of what occurs in mediation. You are
invited to print a .pdf version of this paper
for distribution to your clients.
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Preparing Your Client for Mediation in a Medical Malpractice Case. |
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If you are a lawyer representing a physician in a
medical malpractice case scheduled for mediation,
you are invited to print a .pdf version of this
article for distribution to your client.
"Mediation
has been proven effective as a method of settling
disputes of every nature and character. In my
experience, mediation has been a particularly
effective tool for resolving medical malpractice
claims.
The
role of the mediator is not to decide the case or
any of the issues in the case. Instead, the
mediator functions as a neutral guide through a
confidential structured process of information
sharing and negotiation. The ultimate objective is
to achieve a wise resolution of the dispute on a
basis that is acceptable to all of the
parties. The mediator should, to a large extent
design and control the process, but the parties
control the outcome." To read more click
here.
From
"What to Expect In Mediation,"
an article written by Randall E. Butler for the
monthly newsletter and website of the Harris County
Medical Society. (Copyright © 2000 & 2001 by
Randall E. Butler, All Rights Reserved)
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