25 Years of the Texas ADR Statute and a Heavy Dose of Ethics
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25 Years of the Texas ADR Statute and a Heavy Dose of Ethics

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Examining the beginning of mediation in Texas, questioning where we've been, what are we doing, and finishing with a series of ethical situations.

Examining the beginning of mediation in Texas, questioning where we've been, what are we doing, and finishing with a series of ethical situations.

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    25 Years of the Texas ADR Statute and a Heavy Dose of Ethics 25 Years of the Texas ADR Statute and a Heavy Dose of Ethics Presentation Transcript

    • 25 Years of the Texas ADR Statute with a Heavy Dose of Ethics Gene Roberts northtexasnegotiations.comWednesday, November 14, 12
    • What is ethics? the rules of conduct recognized in respect to a particular class of human actions or a particular group, culture, etc.Wednesday, November 14, 12
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    • Steve Brutsche, “Mediation Cross-Examined,” Business Litigation Newsletter, May 1989Wednesday, November 14, 12
    • Steve Brutsche, “Mediation Cross-Examined,” Business Litigation Newsletter, May 1989Wednesday, November 14, 12
    • 1987 v 2012Wednesday, November 14, 12
    • 1987 v 2012Wednesday, November 14, 12
    • 1987 v 2012 1987 2012 First Class 0.22 0.45 105% Stamp Gallon of Gas 0.95 3.38 255% Dozen Eggs 0.78 2.68 243% Atty Avg 197 (2001) 234 (2009) 18% Hourly RateWednesday, November 14, 12
    • 1987 v 2012 1987 2012 First Class 0.22 0.45 105% Stamp Gallon of Gas 0.95 3.38 255% Dozen Eggs 0.78 2.68 243% Atty Avg 197 (2001) 234 (2009) 18% Hourly RateWednesday, November 14, 12
    • 1987 v 2012 1987 2012 First Class 0.22 0.45 105% Stamp Gallon of Gas 0.95 3.38 255% Dozen Eggs 0.78 2.68 243% Atty Avg 197 (2001) 234 (2009) 18% Hourly RateWednesday, November 14, 12
    • 1987 v 2012 1987 2012 First Class 0.22 0.45 105% Stamp Gallon of Gas 0.95 3.38 255% Dozen Eggs 0.78 2.68 243% Atty Avg 197 (2001) 234 (2009) 18% Hourly RateWednesday, November 14, 12
    • 1987 v 2012 1987 2012 First Class 0.22 0.45 105% Stamp Gallon of Gas 0.95 3.38 255% Dozen Eggs 0.78 2.68 243% Atty Avg 197 (2001) 234 (2009) 18% Hourly RateWednesday, November 14, 12
    • Wednesday, November 14, 12
    • Letter to Justice Nathan Hecht, August 25, 2011Wednesday, November 14, 12
    • Final Report of the Task Force for Rules in Expedited Actions, January 25, 2012Wednesday, November 14, 12
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    • Misc. Docket 11-9062 (April 11, 2011) • Section 2 (f): “A mediator should not simultaneously conduct more than one mediation session unless all parties agree to do so.”Wednesday, November 14, 12
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    • Texas Supreme Court Ethical Guidelines for Mediators (2005) • 2 Mediator should protect integrity/ confidentiality of the process. Continuous in nature. • 8 cmt. (c) Mediator should report to court whether mediation occurred, and result of settlement or impasse, recessed or rescheduled.Wednesday, November 14, 12
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    • Texas Supreme Court Ethical Guidelines for Mediators (2005) • 11 Mediator can’t give legal or other professional advice. • 13 Postpone, terminate, or recess if the case is inappropriate for mediation or one or more of the parties is unwilling or unable to participate in the mediation process.Wednesday, November 14, 12
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    • Texas Supreme Court Ethical Guidelines for Mediators (2005) • 2 Mediator should protect the integrity of the mediation process, beginning with first communication. • 10 cmt. A mediator should not knowingly misrepresent any material fact or circumstance in the course of mediation.Wednesday, November 14, 12
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    • Texas Supreme Court Ethical Guidelines for Mediators (2005)Wednesday, November 14, 12
    • Texas Supreme Court Ethical Guidelines for Mediators (2005) • 8 Mediator should not reveal information made available in the mediation process, which is privileged and confidential, unless the affected parties agree or may be required by law.Wednesday, November 14, 12
    • Texas Supreme Court Ethical Guidelines for Mediators (2005) • 8 Mediator should not reveal information made available in the mediation process, which is privileged and confidential, unless the affected parties agree or may be required by law. • 8 cmt. (a) Mediator should not permit recordings or transcripts to be made of mediation proceedings.Wednesday, November 14, 12
    • 3 keys • Confidentiality • Impartiality • Conflicts of InterestWednesday, November 14, 12
    • facebook.com/ dbaadrWednesday, November 14, 12
    • Advanced Mediation Training Lee Jay Berman December 13 dbamediationtraining. eventbrite.comWednesday, November 14, 12
    • txmediator.orgWednesday, November 14, 12