Yeah, I agree with this...
"Professor Roberts argues that this prevents the parties working out a settlement themselves and instead they were dependent upon the mediator. He therefore concluded that the shuttling model was at fault; causing the mediator to get caught up in trying to get an agreement. He argued that the mediator should be the sponsor of communication and not the constructor of outcomes, endorsed by the parties" [read more]
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just overheard dispute about mediator's ability to "make all decisions over all disputes" in the wake of an oral agreement to settle, never reduced to writing; all, except the mediator's email saying he gets to decide all disputes with which the parties agreed (in writing) - this is one of those $15K/day mediators . . .
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