Description:

A Breakfast Roundtable

THE WRITTEN WORD IN MEDIATION

Confidentiality, Fee, and Settlement Agreements ”

Led by Teresa Carey and Paul Faberman

Tuesday, December ll, 2001

On December 11, Paul Faberman and Teresa Carey led a spirited roundtable discussion on ‘The Written Word in Mediation’. The roundtable was very well attended and there was the kind of interchange that makes roundtables so important to members. The participants discussed proposed language for the mediation agreement, whether a confidentiality agreement should be prepared and, if so, whether it should be incorporated into the mediation agreement or be a separate document; and, if a settlement is reached, the degree to which the mediator takes part in drafting the terms of the settlement agreement. Some of the participants indicated a preference for a minimalist approach with respect to the presentation or drafting of documents other than the mediation agreement while others were much more proactive. There were also suggestions by many of the participants that the Society post model forms on our website. We are considering that.

TERESA CAREY is one of the original founders of the Marin County Superior Court ADR Program in 1992, the first court-connected mediation program in the State of California, and is the principal of Professional Mediation Associates, a network of leading conflict resolution professionals. Teresa designs and gives an acclaimed 40-hour Comprehensive Mediation Training certificate program, Commercial Mediation and Marketing courses at Sonoma State University, and customized trainings for private firms. Since 1980, she has served as a mediator for the State and Federal Courts, several government agencies, private counsel, corporate and non-profit organizations. She is known for her pragmatic, skillful and humanistic approach to conflict resolution and her outstanding abilities as a mediator and conflict resolution trainer. Her publications include “Credentialing For Mediators” 30 USF Law Review, 1996.

PAUL FABERMAN is an Oakland-based real estate consultant and frequently mediates and arbitrates commercial/industrial and residential real estate and construction disputes. He has served as an ADR neutral since the mid-1970’s and recently completed a four year assignment as standing co-neutral for mediation and baseball arbitration for the $2.4 billion National Ignition Facility at the Lawrence Livermore National Laboratory. Paul is a 1992 graduate of Harvard Law School’s Mediation Workshop and is a Director of The Mediation Society. He is a member of the mediation and arbitration panels of the American Arbitration Association, for whom he is also a national faculty Trainer.n
n