Are You a Neutral or a Potted Plant?
There's a good discussion about mediator neturality and the giving of legal advice during mediations going on over at Chris Annunziata's CKA mediation blog.
Here's what they taught me at the Straus Institute: neutral doesn't mean you don't come filled with opinions, ideas, leanings, prejudices and the like. It just means:
- you don't subjectively favor one party over the other; and,
- you endeavor not to engage in any practices that would objectively favor one party over the other.
Easy to say. Not always so easy to do.
Couldn't resist the Fincher cartoon. Buy your lawyer Festivus presents over at Mug the Judge carrying LawComix like this.
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