Conna A. Weiner and Nancy Greenwald, Panel Materials for “Mediation Convening and Intake Best Practices,” ABA Section on Dispute Resolution Annual Meeting April 2015
Confidentiality, neutrality, voluntariness and self-determination are critical elements of the mediation process. These principles potentially are challenged when one party wants to mediate, the other party (or parties – family, elder or complex commercial disputes, etc.) has not yet agreed to participate, and an ADR provider or individual mediator is asked to help persuade the party(ies) to come to the table. Additional issues pile on when a mediator hears about a dispute and wants to sell the mediation process (and the mediator) to potential parties. Ethics experts and practitioners will conduct an interactive session discussing best practices in convening a mediation.