Wednesday, August 23, 2006

Mediator Tips
Conflicts of interest

The mediator has a duty to remain free from conflict of interest that could in any way affect the ability of the mediator to conduct a neutral and balanced process. Since it is important that the parties trust the mediator, talking about conflicts of interest- if any- is important for the mediation process.

Among the things a mediator must disclose are any current, past, or possible future representation or relationship with any party or attorney involved in the mediation. Additionally, any financial interests relevant to the mediation must be disclosed. Finally, any and all disclosures should be made as soon as possible after the mediator becomes aware of the interest or relationship.

After appropriate disclosure, the mediator may serve if the parties so desire.

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