The Red Velvet Lawyer

My last several posts have discussed factors a lawyer or party should consider in selecting a great mediator. Today, I'd like to talk about mediator impartiality. I have discussed this topic, one of the core values of mediation, in a much lengthier law review article:  Teaching the Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, a Defining Features Matrix, Games, and an Exercise Based on Grievances Filed Against Florida Mediators, 11 Pepp. Disp. Resol. L. J. 309 (2011).  You should be able to download it  here .  Greg Firestone, a Florida mediator, spoke about mediator impartiality at the October 2003 conference of the Association for Conflict Resolution.  He suggests you think about these issues along two dimensions that create four quadrants on a grid.  One side of the grid are the terms “parties” and “outcome.”  On the other side of the grid are the terms “relationship” and “c...

Several years ago, the University of Missouri-Colum bia School of Law held its annual training for new mediators.   I served as a role-play coach and evaluator.  Those of us who have been through that training call it the “baby” mediation training.  Its principle purpose, in my mind, is to show the participants how little they know, even after they complete the training, and the significant challenges a mediator faces.  Mediation is not for sissies. After three days of training, many of this year’s participants began to realize that mediation is hard work.   Several trainees realized that good mediation requires rough and tough litigators to move out of their comfort zones.   Good mediation requires a different set of skills from those used regularly by trial lawyers. Missouri Supreme Court Rule 17 requires new mediators to have at least sixteen hours of “appropriate” training.   These requirements are quite modest.   Virgin...