3004, 2015

When “Don’t Tell the Other Side” Creates An Ethical Problem

Written by Valerie Edwards and originally published by Torkin Manes (April 2015). I recently sat on a panel of mediators discussing ethics and mediations. As mediators, we all know that when a party says “don’t tell the other side” of such and such, we can’t and we don’t. But are there situations where the non-disclosure is so fundamental that the mediator should withdraw from the mediation? Take a simple example.

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0111, 2013

Managing the “Hard-Nosed” Entrepreneur

Written by Valerie Edwards and originally published by Torkin Manes (November 2013). It is an interesting paradox in mediation that the clients one would least expect need an empathetic approach in private caucus are sometimes most in need of it. As litigators, you have all encountered clients — often in owner-operated businesses — who declare at the outset of a file, “I’d rather pay you than pay them”. Clients who

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1504, 2013

Why Opening Offers Matter

Written by Valerie Edwards and originally published by Torkin Manes (April 2013). Everyone has experienced a mediation which feels like death by a thousand cuts. By this I mean the tedious process of endless offers, each reflecting only a little more compromise than the last, and ultimately resulting in hungry stomachs and a late night settlement. Well, maybe a late night settlement. It is just as likely that the mediation

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0111, 2011

The Problem with Mediator Settlement Proposals

Written by Valerie Edwards and originally published by Torkin Manes (November 2011). During the course of a mediation, the parties might invite the mediator to suggest a settlement figure, or alternatively, the mediator might decide to throw out a number (with or without asking for counsel’s agreement). Mediator proposals are tempting, as they can be useful in getting past a roadblock. However, they have to be used with great care

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