Informed Consent in Mediation: Promoting Pro Se Parties' Informed Settlement Choice While Honoring the Mediator's Ethical Duties

Authors

Michael T. Colatrella Jr., University of the Pacific McGeorge School of Law

Abstract

In explaining the proper role of informed consent in mediation, this Article will proceed as follows: Part II will examine mediation's core ethical values of self-determination, impartiality and promoting a quality process. Part III will explore the meaning and origins of the informed consent doctrine; and, in Part IV, analyze the application of informed consent policies and principles to mediation in the light of mediation's core ethical values. Part V will explore ways that mediators can promote informed outcome consent within the existing ethical framework and recommend legislative reform that will help clarify the mediator's proper role of promoting fair and informed agreements while honoring their ethics and the integrity of the mediation process. Finally, Part VI will summarize the Articles' important conclusions.

Disciplines

Civil Law | Civil Procedure | Courts | Dispute Resolution and Arbitration | Human Rights Law | Law | Legal Ethics and Professional Responsibility | Medical Jurisprudence

Recommended Citation

Michael T. Colatrella Jr., Informed Consent in Mediation: Promoting Pro Se Parties' Informed Settlement Choice While Honoring the Mediator's Ethical Duties, 15 Cardozo J. Conflict Resol. 705 (2014).
Available at: https://larc.cardozo.yu.edu/cjcr/vol15/iss3/5