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NCJ Number: 97694 Find in a Library
Title: Mediator Confidentiality (From Ethical Issues in Dispute Resolution, P 56-64, 1984, Charlotte Gold, ed. - See NCJ-97691)
Author(s): J R Eder; M F Hoellering
Date Published: 1984
Page Count: 9
Format: Document
Language: English
Country: United States of America
Annotation: This plenary session summary addresses the status of a mediator, illustrates the principle of mediator confidentiality, describes the function of the Community Relations Service (CRS), and examines immunity in arbitration.
Abstract: The status of the mediator as a representative of the public interest is explored, and a court of appeals case addressing this status is reviewed. Two bargaining disputes which illustrate the principle of mediator confidentiality are described. The Brotherhood of Locomotive Engineers' strike was settled by congressional action; negotiations between the National Football League and its players association were played out in the media. The mediator's action of closing out the media is said to have contributed significantly to the resolution of the dispute. Congress' creation of the CRS to protect the confidentiality of information exchanged during the course of negotiations is detailed; the evolution of the immunity doctrine is examined. The extension of judicial immunity to arbitrators is shown to have been based on a recognition of the 'quasi-judicial' nature of their function as adjudicators. Expansion of the immunity doctrine beyond damage issues is addressed in Tamari v. Contad. Case law, which supports the contention that an arbitrator may not be deposed for the purpose of clarifying or impeaching an award, is considered. Extension of the quasi-judicial immunity to the whole arbitral process is explored. Finally, the arbitrator's status as a fiduciary in arbitration under the Employee Retirement Income Security Act of 1974 and the Multi-employer Pension Plan Amendments Act of 1980 is delineated.
Index Term(s): Alternative dispute settlement; Arbitration; Mediation; Mediators; Privileged communications
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