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

MacGyverMagic/Mgm macgyvermagic at gmail.com
Thu Jun 9 16:04:02 UTC 2005


I'm all for keeping some things private. But how can we avoid people
actively avoiding mediation so they can keep POV pushing. If someone
isn't willing to mediate in good faith, I think that should be
reportable. How is keeping such a thing confident helping the
community?

--Mgm

On 6/8/05, Kelly Martin <kelly.lynn.martin at gmail.com> wrote:
> 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
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