Abstract

http://ssrn.com/abstract=1921567
 


 



Trick or Treat: The Ethics of Mediator Manipulation


James Richard Coben


Hamline University School of Law

Lela P. Love


Yeshiva University - Benjamin N. Cardozo School of Law

September 9, 2011

Dispute Resolution Magazine (American Bar Association), Vol. 18, p. 18, Fall 2010

Abstract:     
Much of what good mediators do can be characterized as “helpful interventions” that assist the parties towards legitimate goals such as a better understanding, a platform for developing options, and (where the parties choose) an agreement or settlement. However, all such “helpful interventions” are inevitably "manipulative," in the sense that the mediator is, often unilaterally, making “moves” with profound impact on the parties’ bargaining. To evaluate the ethics of any individual move, the authors propose asking two questions: 1) does the move further or help a legitimate party or process goal that advances party self-determination in decision-making; and 2) is the move manipulative in such a way that it disadvantages one side or undermines the integrity of the mediator or the mediation process. The more “secret” or hidden the intervention, the more problematic it becomes.

Number of Pages in PDF File: 5

Keywords: mediation, ethics, justice, confidentiality, professional conduct, self-determination, neutrality

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Date posted: September 9, 2011  

Suggested Citation

Coben, James Richard and Love, Lela P., Trick or Treat: The Ethics of Mediator Manipulation (September 9, 2011). Dispute Resolution Magazine (American Bar Association), Vol. 18, p. 18, Fall 2010. Available at SSRN: http://ssrn.com/abstract=1921567

Contact Information

James Richard Coben (Contact Author)
Hamline University School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
HOME PAGE: http://law.hamline.edu/james-coben.html
Lela P. Love
Yeshiva University - Benjamin N. Cardozo School of Law ( email )
55 Fifth Ave.
New York, NY 10003
United States
(212) 790-0365 (Phone)
(212) 790-0205 (Fax)

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