Explain the confidentiality of mediation- Business Law and Ethics
Each student will be writing an opening statement that a facilitative mediator would make (orally) to disputants who have never before participated in mediation. Each student should assume a civil legal dispute (contract, tort, or commercial dispute), his or state has adopted using the Uniform Mediation Act, and the student will ask his or her clients to sign a contract making mediation confidential.
An explanation of what mediation is, and how it works, in simple and easy-to-understand language so clients know what to expect.
An explanation of the role and responsibility of the mediator (including neutrality and impartiality and why they are important).
An explanation of the confidentiality of mediation, where it comes from, and why it is important.
An explanation of the advantages of using facilitative mediation, the goal being to get the clients to buy into and trust the process.
Use language that takes advantage of Deutsch’s Crude Axiom and moves the disputants toward cooperation. In other words, the entire statement should show mindfulness of non-escalating approaches to communication.
