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Message: mediators and judges

mediators and judges

posted on Oct 09, 2007 01:23PM

I guess it is worth one more post

ETHICAL PRINCIPLES FOR MEDIATORSCOURT-ANNEXED MEDIATION PLANU.S. DISTRICT COURT, EASTERN DISTRICT OF TEXAS 7. A mediator should protect the integrity of both the trial and mediation processes by refraining from communicating with the assigned trial judge concerning the substance of negotiations or any other confidential information learned or obtained by virtue of the mediation process, unless all of the participants agree and jointly ask the mediator to communicate in a specified way with the assigned trial judge.

Comment: This policy forbids mediators from speaking with the assigned trial judge about the substance of confidential negotiations and also prohibits the assigned trial judge from seeking such information from a mediator. Docket control should be facilitated by means of the mediator’s report (see section (f) of the Plan) of whether the case settled or not or through other periodic reporting that does not discuss parties’ positions or the merits of the case

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Oct 09, 2007 01:57PM
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