Ethics in mediation was the subject of a lively debate at the CIArb’s Mediation Symposium which took place on 25 October 2012. On the ethics panel, chaired by Stephen Tester of CMS Cameron Mckenna, was Patrick Farrell of Norton Rose and Jon Lang. The discussion opened with Jon talking about how repeat work (which most professionals, including mediators, dream of) can sometimes turn into something of a nightmare.
Mediators are used on a repeat basis as a way of reducing uncertainty in an inherently uncertain process. But take this scenario….. ‘It’s Monday morning. A big day for two businesses. They have been slogging it out in the courts but have agreed to mediate. Both parties have arrived early. They have acknowledged one another and embarked on some small talk but are now in their ‘corners’ of the reception area of one side’s law firm (the home team).’……..click here to read the paper Jon prepared for the Symposium, from which there is a link to a transcript of the panel discussion.