[WikiEN-l] Re: Compulsory Mediation, Was Arbitration Commitee Seeking Comment

[Kelly Martin]

On 6/7/05, Anthere <anthere9 at yahoo.com> wrote:
> In real life, mediation is essentially a choice, not a
> requirement/obligation.

I've been in mandatory mediation twice (once on a court order, once on
my request).  The mediator, in both cases, had only the authority to
report on what agreement, if any, was reached during the mediation. 
Matters discussed but not agreed upon would not be included in the
report.  (In one case, we agreed on most, but not all issues; in the
other we agreed on nothing.)  I think it's important that those acting
as mediators keep the bulk of the mediation in confidence, reporting
only that mediation occurred and on what was actually agreed upon, if
anything, during the mediation.  If either party refuses to mediate in
good faith, then the mediator should simply bring mediations to a
close and report back that no agreement was reached without explaining
why.

Kelly