Teaching the Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, a Defini
(11) REFORMAT 2 YOUNG.DOCX (DO NOT DELETE) 4/8/2011 12:36 PM [Vol. 11: 309, 2011] PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL Teaching the Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, a Defining Features Matrix, Games, and an Exercise Based on Grievances Filed Against Florida Mediators Paula M. Young* I. INTRODUCTION A mediator in a civil case calls one of the defendants a “spoiled brat” and identifies the defendants as “poor slobs” who would never be recognized in court. The same mediator decides that the offer made by the plaintiff is acceptable and then attempts to impose the settlement on the defendants. When the defendants indicate that they will not settle at mediation, the mediator does not terminate the mediation at the parties’ request. In another civil case, the mediator tells one party that “if you go to court, you need to * Associate Professor at the Appalachian School of Law (ASL). I teach negotiation, mediation, arbitration, dispute resolution system design, and insurance practice. For twenty years, I served as a commercial dispute litigator, mediator, and arbitrator. I earned degrees from Washington University (B.A., J.D.) and from the University of Missouri School of Law (LL.M. in Dispute Resolution). I thank and appreciate four wonderful research assistants: Sean Kennally, Mollie McCutcheon, Jason Gallagher, and Micah Blankenship. I also thank professors John Lande, Sophie Sparrow, and Ruth Vance for their comments about earlier drafts of this article. Members of the Virginia mediation community provided helpful feedback about the workshops at which I used the teaching techniques discussed in this article.
[Show full text]