Our Friend and Colleague Jan Frankel Schau Responds on Mediator Ethics

In response to our call to mediators to discuss the issue of mediator ethics, ADR Services and AAA neutral Jan Frankel Schau responds as follows:

First of all, bravo for raising such an interesting question. I am still mulling over the last one you raised about whether mediation seeks to do justice or only settle cases…

Here’s my addition:

A mediation should, above all, protect and safegbuard the mediation process by allowing each participant to be fully heard and by facilitiating the full and fair opportunity to explore all possible options for resolution of the conflict presented.

I would also add the following:

A mediator should not

  • impose upon a disputant any settlement or resolution which is against his/her will or best interest.
  • knowingly encourage a settlement which is in itself illegal or immoral.
  • condone or knowingly permit the perpetuation of a fraud.

A mediator must assure that all settling parties are afforded a full opportunity to consider the implications of all settlement offers and demands and to reject any settlement offer which is not acceptable, after such a full and fair opportunity and consideration.

A mediator should at all times protect the free will of the disputants in both the process and the ultimate outcome of a conflict’s resolution by providing careful and thoughtful explanation of the offer and demand as well as all implications and consequences of accepting or rejecting the negotiated terms.

Happy Thanksgiving!

                        author

Victoria Pynchon

Attorney-mediator Victoria Pynchon is a panelist with ADR Services, Inc. Ms. Pynchon was awarded her LL.M Degree in Dispute Resolution from the Straus Institute in May of 2006, after 25 years of complex commercial litigation practice, with sub-specialties in intellectual property, securities fraud, antitrust, insurance coverage, consumer class actions and all… MORE >

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