Law Commons^™

The Jelly Beaner Challenge: How Attorneys Serving As Neutrals Identify And Coordinate The Ethical Mandates Of The 2009 Rules Of Professional Conduct With The Ethical Mandates Of Dispute Resolution, Elayne E. Greenberg

Faculty Publications

(Excerpt)

Many of us may remember as children trying to master the coordination game Jelly Beaner, a joust in which the player is challenged to pat his or her head up and down with one hand while simultaneously rubbing his or her belly in a circular pattern with the other hand. Competing movements, but with practice even those less coordinated can master how to synchronize their hands and play the game. So, too, those of us who are lawyers serving as neutrals are now engaging in a variant of the Jelly Beaner Challenge when it comes to discerning ethical behavior. …

Truth And Consequences: What Should A Mediator Ethically Disclose About Her Mediation Style? How Might A Mediator’S Style Compromise A Mediator’S Neutrality?, Elayne E. Greenberg

Faculty Publications

(Excerpt)

Transparency is fast becoming the buzzword of mediation. Part of that transparency includes the ethical obligation of mediators to disclose in a meaningful and comprehensible way precisely how that mediator will conduct the mediation. Yes, mediation consumers have an ethical right to such information so that they may then make informed decisions about which mediator to select. Isn’t that what the long-held mediation tenets of consent and self-determination are all about? Legitimizing this ethical entitlement, the revised 2005 Model Standards for Mediators guides:

A mediator shall conduct a mediation based on the principle of self-determination. Self-determination is the act …

We Can Work It Out: Entertaining A Dispute Resolution System Design For Bankruptcy Court, Elayne E. Greenberg

Faculty Publications

On October 2, 2009, dispute resolution scholars and bankruptcy court jurists courageously began the difficult conversation about the feasibility of an expanded dispute resolution system design for bankruptcy court. This commentary distills that conversation through a dispute resolution system design lens. Dispute resolution system design offers a framework for organizations to more effectively manage and resolve recurring conflicts. The design of a dispute resolution system requires clarifying ideas, elucidating values, prioritizing goals, considering options and incorporating that information into a more workable process to respond to conflict. All the while, the stakeholders and dispute resolution designers work together to clarify, …