On Ethics in Mediation....

"…if the public’s confidence in the mediation process were to be eroded, the efficacy of mediation as a peaceable resolution process would be diminished. Most mediators were taught that risk is the mediator’s currency. I disagree. Before the parties will even grant passport to a mediator to speak to them of the risks inherent in their dispute, they must first trust the mediator. The foundation of the effectiveness of mediation is the confidence of the participants in the integrity of the mediator…

Just yesterday a former president of TTLA expressed the opinion that cases are most likely to settle in mediation when all of the parties and their counsel trust the mediator. "It is hard to get a case settled when the lawyer’s number one concern is protecting their private parts from the mediator." Anonymous." To read more click here.

From "Ethics in Mediation – Protecting the Integrity of the Mediation Process" - an article, written by Randall E. Butler, that has appeared in the Houston Lawyer, journal of the Houston Bar Association and in The Texas Mediator, A publication of the Texas Association of Mediators. Copyright © 2000 & 2001 by Randall E. Butler, All Rights Reserved)

Are you kidding, bring the expert witnesses to the mediation?

"Some time ago I was asked to conduct a mediation that, if not experimental in its format, was at least out of the ordinary for the lawyers involved and for myself….[I]n the mediation that is the subject of this article…the lawyers decided to bring expert witnesses to the table for a face-to-face confrontation on the issues crucial to the resolution of the case…I served as a moderator and referee during the expert witness sparring." To read more click here.

From "Mediator as Moderator – A Different Approach to Mediation," by Randall E. Butler - an edited version of a similar article, also written by Randall Butler, and published in The Texas Lawyer, June 29, 1998.

Coming soon: 
"Roles I Have Played On the Small Stage of Mediation."


An Introduction to Mediation
for Non-Lawyers. 

Click here for a link to a paper explaining the mediation process to first-time participants who are not lawyers. If you represent a client who has never been to mediation this paper may be of some help in preparing him or her for the process. The usual format of the mediation is discussed as well as the philosophy underlying much of what occurs in mediation. You are invited to print a .pdf version of this paper for distribution to your clients.

Preparing Your Client for Mediation in a Medical Malpractice Case.

If you are a lawyer representing a physician in a medical malpractice case scheduled for mediation, you are invited to print a .pdf version of this article for distribution to your client.

"Mediation has been proven effective as a method of settling disputes of every nature and character. In my experience, mediation has been a particularly effective tool for resolving medical malpractice claims.

The role of the mediator is not to decide the case or any of the issues in the case. Instead, the mediator functions as a neutral guide through a confidential structured process of information sharing and negotiation. The ultimate objective is to achieve a wise resolution of the dispute on a basis that is acceptable to all of the parties. The mediator should, to a large extent design and control the process, but the parties control the outcome." To read more click here.

From "What to Expect In Mediation," an article written by Randall E. Butler for the monthly newsletter and website of the Harris County Medical Society. (Copyright © 2000 & 2001 by Randall E. Butler, All Rights Reserved)

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