Comments on: Which hat shall I wear today? – Mediator disciplined (USA) http://blog.amandabucklow.co.uk/2009/07/21/which-hat-shall-i-wear-today-mediator-disciplined-usa/ Putting mediation into business and business into mediation Fri, 25 Nov 2011 22:27:51 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Debra Healy http://blog.amandabucklow.co.uk/2009/07/21/which-hat-shall-i-wear-today-mediator-disciplined-usa/comment-page-1/#comment-3618 Debra Healy Mon, 17 Aug 2009 00:47:44 +0000 http://blog.amandabucklow.co.uk/?p=593#comment-3618 Oops - my post was too long-winded. . .here's the rest of it though: I'd be interested in knowing, beyond the disciplinary action of the commission against the mediator, if: a) the mediator may have also been disciplined by the state board of psychologists, and/or 2) if either or both of the parties in this case have pursued a negligence claim against the mediator and/or if there's any sort of statutory remedy for damages - which then raises the question of mediator liability insurance. This case should certainly raise a red flag for all mediators: reflect. If in doubt, seek counsel. Thanks for your thoughtful consideration of the significance of this case for all mediators. Debra Oops – my post was too long-winded. . .here's the rest of it though:

I'd be interested in knowing, beyond the disciplinary action of the commission against the mediator, if: a) the mediator may have also been disciplined by the state board of psychologists, and/or 2) if either or both of the parties in this case have pursued a negligence claim against the mediator and/or if there's any sort of statutory remedy for damages – which then raises the question of mediator liability insurance.

This case should certainly raise a red flag for all mediators: reflect. If in doubt, seek counsel.

Thanks for your thoughtful consideration of the significance of this case for all mediators.

Debra

]]> By: Debra Healy http://blog.amandabucklow.co.uk/2009/07/21/which-hat-shall-i-wear-today-mediator-disciplined-usa/comment-page-1/#comment-3619 Debra Healy Mon, 17 Aug 2009 00:47:15 +0000 http://blog.amandabucklow.co.uk/?p=593#comment-3619 It's difficult to understand how the mediator/psychologist could have failed to perceive the potential impropriety (or potential perception of impropriety) regarding his decision to wear two professional "hats" in this case. This would be similar to an attorney/real estate appraiser not only agreeing to represent opposing parties in a real property dispute, but then conducting an appraisal of the subject matter property at the request of one of the parties. With regard to the breach of confidentiality, I'm wondering if the mediator/respondent in this case sought legal counsel. I can't imagine any attorney advising the mediator: 1) not to attempt to quash the subpoena, or 2) to disclose anything about any mediation in a court document, let alone a sworn affidavit. Debra It's difficult to understand how the mediator/psychologist could have failed to perceive the potential impropriety (or potential perception of impropriety) regarding his decision to wear two professional "hats" in this case. This would be similar to an attorney/real estate appraiser not only agreeing to represent opposing parties in a real property dispute, but then conducting an appraisal of the subject matter property at the request of one of the parties.

With regard to the breach of confidentiality, I'm wondering if the mediator/respondent in this case sought legal counsel. I can't imagine any attorney advising the mediator: 1) not to attempt to quash the subpoena, or 2) to disclose anything about any mediation in a court document, let alone a sworn affidavit.

Debra

]]> By: Divorce Custody Law - It Can Never Be A Case Of One Rule Fits All - The Blog Planet http://blog.amandabucklow.co.uk/2009/07/21/which-hat-shall-i-wear-today-mediator-disciplined-usa/comment-page-1/#comment-3597 Divorce Custody Law - It Can Never Be A Case Of One Rule Fits All - The Blog Planet Wed, 22 Jul 2009 10:30:28 +0000 http://blog.amandabucklow.co.uk/?p=593#comment-3597 [...] Which hat shall I wear today? – Mediator disciplined (USA) | The … [...] [...] Which hat shall I wear today? – Mediator disciplined (USA) | The … [...]

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