London International Mediation Conference: Striking Similarities

Ninety mediators from 20 different countries met in London on September 10, 2009 in the first day of the International Academy of Mediators three day mediation conference. Surprisingly, we learned that mediators throughout the world, although implemented by different rules, face largely the same issues. Is the process a "case settlement" or a "mediation"? Case settlements, often conducted by former litigators or retired judges, focus on rights and remedies and resolve the case, but not the problem. Mediation (or reconcilliation) focuses on needs, empowerment, restructures perspectives or relationships and seeks to resolve the underlying problem. Is one process better? Is it a spectrum? Do "mediator's proposals" cause attorneys to "game" the mediator in future cases? Mediators from China, New Zealand, South Korea, Austrailia, France, Israel, Africa, Belgium, Canada, Germany, Scotland, Ireland, Spain, and the US are attending the rich interactive conference. We expected to learn that we are different. Instead, we learned that although we are at varying stages of maturity, we are more similar than we are different in our styles, approaches, and the issues we grapple with in our mediation practices. Cultural diversity is not only geographical, rather it is found in the same geographic location and requires astute observing and listening skills along with intuition to allow a mediator to understand what the parties truly need in order to assist them in resolving the underlying problem.

Impasse on Rollers: Mediation Moves Odd Fellows Project

Odd Fellows Hall, a historic building in downtown Salt Lake, had been lifted onto rollers ready to move to make way for a new federal courthouse. The project stopped abruptly due to a dispute between the parties. A court battle ensued. Due to the Utah federal bench's conflict of interest, a Wyoming federal judge took the reigns and referred the case to mediation. Thanks to mediation, the project is up and running again as of August 18, 2009. The parties are "mum" about what has changed. Good for them. Mediation once again has saved time, money, frustration and has resolved a large visual example of impasse. And, mediation confidentiality prevails.

Crandall Canyon Mine Mediation: Confidential!

All 43 attorneys, multiple insurance adjustors and Mediator Paul Felt got it right. Mediation is confidential in Utah in high profile cases! See article. Despite the considerable public interest in the Crandall Canyon mine case, the press, the parties, the attorneys and the mediator maintained the confidentiality of the mediation process.

Mediation Gone Wild: Utah Polygamy Creates Mediation Confidentiality Exception?

You may know the story of the mediation in Florida in which Joe Francis, creator of the "Girls Gone Wild" videos, made obscene proposals during a mediation (see article). Now, Utah has its own version involving Utah's unique history regarding polygamy. Does having multiple wives and owning property create a situation in which the State of Utah can seize property? If that issue is involved in mediation, is the mediation process confidential due to the First Amendment, public interest or the Government Access to Records Act (GRAMMA)? See article.

Does Polygamy Create an Exception to Mediation Confidentiality?

In the latest twist of "Mediation Gone Wild: Utah Polygamy Creates an Exception", mediation is again proposed. Can this one please be confidential? In this article, a former member of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS church), whose marriage to a 19 year old was arranged when she was 14, has proposed she be awarded land held in a controversial trust in settlement of her lawsuit. In an earlier incident (see article), others freely discussed a mediation involving the same trust lands the State seized from the FLDS Church. So, isn't mediation confidential under Utah law or does the public interest in polygamy or the desire for publicity trump?