Midstream Mediator Evaluations and Informed Consent
14 DISP. RESOL. MAG. 11 (Winter 2008)
6 Pages Posted: 11 Nov 2013
Date Written: 2008
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: Suggested Citation