Mediation Confidentiality Rules from Oregon Department of Justice

The Attorney General has developed two mediation confidentiality rules: A rule for the mediation of workplace interpersonal disputes and a rule covering most other mediations. Agencies may adopt either rule or both rules. With the passage of SB 189 (2015)… Continue Reading

Motivational Interviewing: a Mediator Tool to Help Ambivalent Parties

The parties are close, but both resist one final move. That is the predictable third impasse in many mediations. Some people resist because of stubbornness and others because of ambivalence. Mediators can borrow concepts from Motivational Interviewing to help ambivalent… Continue Reading

Building Rapport is an Essential Skill for Successful Mediators

“The key to mediator success lies in developing rapport with the disputing parties,” concluded Professor Stephen Goldberg of the Northwestern University School of Law in Chicago. Professor Goldberg surveyed mediators and disputants over a number of years to determine what… Continue Reading

Early Discussion and Resolution of Adverse Health Care Incidents in Oregon

Today, Oregon’s new law for the Resolution of Adverse Health Care Incidents becomes operational. Here are the top ten things to know about it: [11.]   I’m certified as a mediator for the program with the Oregon Patient Safety Commission. 10.… Continue Reading

Mediate in Lieu of Mandatory Arbitration

For civil suits under $50,000, state law requires nonbinding arbitration.  However, an underused local rule allows parties to Multnomah County lawsuits to substitute mediation for nonbinding arbitration. Mediation is a great option because arbitration is not always the best way… Continue Reading

Three mediator tools that I used last week.

Last week, Defendant’s initial counteroffer was about three percent (yes, 3%!) of the plaintiff’s initial offer.  Would the young, first-time plaintiff explode with anger and despair?  Especially after she shared her emotional, painful story for which she blamed defendant? Tool… Continue Reading

WHO needs mediation, and WHAT do they need?

Competent, experienced lawyers can agree upon settlement values. Other frequent mediation participants readily comprehend the benefits of settling. We mediators, I believe, earn our money by helping the person — plaintiff or defendant — for whom mediation is a one-time… Continue Reading

What Makes a Good Mediator?

What are the desirable traits of a mediator?  I reviewed five articles on the topic and came up with five characteristics.  Although people use different words, the concepts are fairly consistent from survey to survey. *  “Humanity” encompasses some characteristics… Continue Reading

Should Oregon Mediation Association certify mediators?

. . . the OMA would do nothing to certify competence. It would merely set standards for education and experience and then certify that people met those standards if the applicant for certification SAID they met the OMA standard. What follows is my feedback to the OMA. Continue Reading

Understanding-Based Model of Mediation

Gary Friedman and Catherine Conner led the five-day, 40+ hour mediation intensive class in Spring 2012 in Marin County, California. Gary Friedman has been a mediation leader for decades, having taught and practiced mediation for over 30 years. He has… Continue Reading