Midstream Mediator Evaluations and Informed Consent

14 DISP. RESOL. MAG. 11 (Winter 2008)

6 Pages Posted: 11 Nov 2013

Date Written: 2008

Abstract

This article explores one facet of informed consent: what principles guide a mediator in responsibly performing the duty of ensuring the parties give their informed consent prior to a mediator providing an opinion on the merits of a question once a mediation is underway. This article highlights how ensuring informed consent for mediator evaluations both minimizes the possibility of harm and maximizes the possibility of self-determination. Parties should have a meaningful choice regarding whether the mediator uses the tool of opinion-giving and should be aware of the dangers involved when they make that choice.

Keywords: Mediation, ADR, Dispute Resolution, Mediator Evaluations, Neutrality, Informed Consent

Suggested Citation

Cooley, John and Love, Lela P., Midstream Mediator Evaluations and Informed Consent (2008). 14 DISP. RESOL. MAG. 11 (Winter 2008). Available at SSRN: https://ssrn.com/abstract=2351003

John Cooley

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

Lela P. Love (Contact Author)

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)

Register to save articles to
your library

Register

Paper statistics

Downloads
25
Abstract Views
374
PlumX Metrics