Comments: Bumps In The Road Of Maine’s New Rule Of Evidence 514
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Jonathan Reitman, Brunswick ME 11/19/08
Thanks for your comment, Chris. I appreciate your thought that caucuses are productive AND I find there are times when a face to face joint sessions allow people to says things to one another that are key to the resolution.
Chris , Albuquerque NM 11/19/08
I have always used agreements to include a confidentiality agreement similar to what you speak of. My response to mediators is not to be afraid to think outside the box. I have conducted over a thousand mediations and logged in thousands of hours at the mediation table. I generaly will have cuacus driven mediations and find them to be more productive then face to face where emotions, and body language tend to smoke up any efforts towards a resolution. A cuacus driven mediation helps all parties to save face and focus on resolution.