Thu14Sep20178:30 amDorsey & Whitney LLP
NYSBA Dispute Resolution Section - Mediation Ethics: Neutrality, Activism and Thumb on the Scale
In this Ethics Committee Meeting, Simeon H. Baum initiated a reflective dialogue on the limits of mediator manipulation of parties (and counsel). He began by examining the nature of Ethics and Ethical Thinking in the mediation field. Drawing on a model of mediation suggested by ancient classics, the Tao te Ching (wu wei, or non-doing), ethical challenges to manipulation in Kant and Buber, and the 2005 ABA AAA ACR Revised Standards of Mediator Conduct – as well as on the experience of mediators, parties and counsel in mediation -- those attending were asked to consider the interplay of ethical norms such as party self-determination, impartiality, competence, quality of the process, truth in advertising, advancement of the mediation practice, and other standards with mediation behaviors and scenarios that test the mettle of all involved. This session introduced the theme of "thumb on the scale" as an inquiry into mediation ethics that might resurface in various Ethics Committee inquiries over the balance of this term.
To view the PowerPoint presentation, kindly click on the link below: