Comments: Swindlers, Dealmakers and Mediators: A Brief History of Ethics in Negotiation

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J W , Fort Worth TX     06/21/04
Not Swindles, hopefully
Thank you for a thought provoking article. After nearly 2000 cases, I have decided that as a mediator, I do not settle cases. The parties do. This protects me from being a swindler. If a mediator is an advocate for settlement as is often said, he becomes an adversary and an interested party, which violates all our rules of ethics. He will be tempted to do things for the cause, settlement. This a mediator should not do. But if his obligation is the committment to each party to get that party to settle in view of all things not in spite of all things, the mediator becomes buffered from the temptation of causing an outcome, a victory, another scalp. These gains put us in the game not above the game. We are above the game, but we must engage vigerously for the party to see what should be done here in view of the coming play before the fact finder, etc. This is what I see between visits during caucuses. Please excuse the spelling and grammer. I did this on the run. The best to all John Hughes