Ernest Guiste had argued that his use of profanity
during a mediation session in a sexual harassment case should have been protected by a confidentiality agreement signed by both parties ahead of the meeting.
These divorce professionals share the goal of helping their clients be better advocates for
themselves during the mediation sessions in addition to the specialized knowledge they offer.
Not exact matches
Of course,
mediation isn't suitable
in all scenarios — there may be domestic violence, a serious imbalance of power or
during the course of
mediation the mediator may identify that one or both of the parties isn't really engaging with the process and just be using the
sessions as an opportunity to air grievances.
If an e-mail to one party
during the course of a
mediation process is considered a «private
session» then arguably this provision emphasizes the duty of the mediator to ensure that these kinds of issues are discussed and resolved well
in advance.
So, virtually nothing discussed
during the
mediation session had any bearing on the issues
in dispute
in the arbitration.
(f) Neither the mediator nor any party or other person involved
in mediation sessions under this section shall be competent to testify to communications made
during or
in furtherance of such
mediation sessions; provided, there is no privilege as to communications made
in furtherance of a crime or fraud.
On the other hand, issues occasionally come up
in a
mediation that benefit from direct involvement of counsel, and therefore their participation at an occasional
mediation session or their availability by phone
during such
sessions may be advantageous.
A successful
mediation outcome is as much about staying future focussed and engaged
in progressing matters between
mediation sessions with whomever you are working with or whatever you are working on, as
during the
mediation sessions.
During mediation sessions the parties negotiate directly with one another
in the presence of the mediator who facilitates the discussions and negotiations, without imposing his / her opinions on the parties or advocating for either.
The more you know the answers to these questions before you walk
in the door, the more effective you will be
during the
mediation sessions.
During a series of «
mediation» type
sessions where all parties are present, as well as
in certain circumstances, accountants, financial managers, therapists, and mediators, the parties negotiate through the various issues presenting the couple.
In fact,
during your
mediation sessions, you may encounter one or more different types of caucusing.
In contrast, newer Facilitative Mediators used Facilitative
Mediation interventions
during the entire
session — the same with Transformative mediators, Evaluative mediators, etc..
I believe it has primed the parties to be more prepared for managing themselves and making decisions
during the
mediation sessions, often resulting
in the need for fewer
sessions.
Consistent with this commitment,
in 2006, we became the first family and divorce mediators
in the country to acquire and use large (37») flat panel television monitors with our clients
during all
mediation sessions — to consider and develop divorce planning options.
During the
mediation session the mediator will assist the parties to explore the issues
in dispute; develop options and negotiate possible outcomes; work out priorities; find common ground.
The outcome of this case was that the California Supreme Court ruled
in favor of strictly interpreting broad confidentiality regarding statements and behavior before,
during and after
mediation sessions, stating:
Court Field Trip: At different points
during the
mediation session, you each indicated that you might feel like court would be a good option for resolving some of your impasse issues. Before you make a final decision as to whether court would be a good option for you, we'd suggest that you make a trip down to the Superior Court at 111 N. Hill Street, 2nd floor, Los Angeles, CA 90012 and see what happens
in the family courtrooms. We think it makes sense for you to have all of the information before you make final choices about going to court or not going to court. Without seeing how the court operates, you won't know if it's the best choice for you.
Your divorce lawyer will be there to guide the decision making process
during any alternate dispute resolution or
mediation sessions, advise you as to your legal rights, and the court's typical reasoning
in a given situation, and most importantly to advocate for you and your children.
A skilled mediator will take the time to prepare you
in advance of your
mediation so you can focus on making important decisions
during the
sessions.
Any terms that the parties agree to
during the course of the
mediation session that aren't put into writing
in the
mediation agreement can not be judicially enforced.