tag:blogger.com,1999:blog-5140129394966264310.post2806426602003618483..comments2014-05-27T15:26:20.989-07:00Comments on Schau's Mediation Insights: Mediator's Ethics: Does it Include a Just Outcome for the Disputants?Jan Frankel Schauhttp://www.blogger.com/profile/14306973470195313941noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5140129394966264310.post-40581435854946758782009-11-12T13:32:32.037-08:002009-11-12T13:32:32.037-08:00I didn't hear Robinson's talk, but I would...I didn't hear Robinson's talk, but I would also be leery of accepting a duty to make sure that agreements are "fair" by some objective measure, in the sense of whether someone paid a fair price for a car or some other object with an ascertainable value. But maybe mediators, or at least their attorneys, do have a duty to take some steps to make sure an agreement is "fair" in the sense that the parties are both comfortable with the agreement, that the agreement is workable, that the parties understand the agreement, and that the parties are not going to regret settling their case later. <br /><br />The only bad experience I ever had in a mediation was when I had a client that made a deal with the other side outside my presence, and then decided the next day that they did not want to make that deal at all. We sometimes need to take a little extra time to make sure that all parties understand what they are agreeing to and that they are all comfortable it.Joe Markowitzhttp://www.mediate-la.comnoreply@blogger.com