This workshop will address the meaning and application of Standard V., Standards of
Professional Conduct for Mediators, in an effort to clarify the mediator’s role and responsibility
to parties. Implications and impacts upon the counsel/client relationship will be examined,
along with a discussion of the risk of mediators’ zealous pursuit of relevant information from
parties directly.

This session will include a brief presentation of trends in court administration and the practice
of law that impact the work of mediators. From courts, the pressures may include courts’
adoption and publication of performance measures and case flow time guidelines (as in
Michigan) and other “CourTools” adopted and advocated by the National Center for State
Courts. From litigants, trends will be drawn from works by Julie Macfarlane, Richard Susskind,
and others. Among changes in legal practice frequently reported in articles and blogs are
perceptions of atrophy in lawyers’ negotiation skills, declining understanding of potential trial
outcomes, and increased “gaming” of the mediation process. In an era when approximately
1 percent of cases reach trial, and mediation becomes the focal point for resolution, what
evolving challenges do mediators face, and how can they be addressed? Session participants
will be invited to share their own challenges and to collectively identify possible strategies and
solutions for preserving the integrity of the mediation process.