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MSBA News

ADR Tip of the Month - May 2016

These practice tips are drawn from the May 10, 2016, MSBA CLE sponsored by the ADR Section: "Ethical Issues in Alternative Dispute Resolution," by speakers Roger Kramer and Sharifa Elaraj. 

  •  "Party Self-Determination" is a key principle of mediation that all mediators  must diligently honor (Rule 114, Mediation Ethics Rule I Self-Determination)

  •  An effective mediator uses his/her knowledge of the rules to ensure a quality and procedurally fair process  (Rule 114, Ethics Rule V, Quality of the Process)

  •  A mediator is extremely limited in what information s/he may communicate to the court either during or after the mediation.  In the case of impasse, the mediator may only report that the parties did not reach agreement, without further comment (Rule 114, Ethics Rule IV Confidentiality)

  • Conflicts of interest may arise before or at any time during a mediation session; a mediator must always be tuned in to potential conflicts and disclose them when they arise (Rule 114, Ethics Rule II Conflicts of Interest)

  • The Rule 114 Ethics Rules are meant to ensure that the mediator will conduct an impartial and even-handed process (Rule 114, Ethics Rule I Impartiality) and shall serve only when s/he can satisfy the reasonable expectations of the parties (Rule 114, Ethics Rule III).

CLE Credits:  Event Code: 219441; ADR Rule 114 credit and ethics credit

Compiled by Linda Mealey-Lohmann, Past Chair MSBA ADR Section,with Roger Kramer