Education Services

Convening the Mediation - What Can and Should Mediators Do When All Parties Haven't Yet Agreed to Mediate?

Session ID: 16PRW002

  • Date

    Always Available
  • Duration

    Self Paced
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Registration Status: OPEN

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Registration Fee
Price (USD)
General $100.00
AAA Panelist $90.00

Online Course

Recorded Webinar

Faculty and Summary

Kristen Blankley
Kristen M.Blankley

University of Nebraska College of Law
Lincoln, NE

Nancy Greenwald
Nancy Greenwald

West Hartford, CT

Conna Weiner
Conna A.Weiner

Conna Weiner ADR
Boston, MA

90 Minutes

Convening a mediation before there is an official agreement among all parties to mediate can be fraught with traps for the unwary. Confidentiality, neutrality, voluntariness and self-determination are critical elements of the mediation process. These principles potentially are challenged when one party wants to mediate, the other party or parties has not yet agreed to participate, and an ADR provider or individual mediator is asked to help persuade everyone to come to the table. Additional issues arise when a mediator hears about a dispute and wants to propose the use of mediation (and the mediator’s services) to the parties.

This 90-minute webinar conducted by a panel of ethics experts and practitioners focuses on best practices to use when convening a mediation.

Among the questions examined and answered are—

  • Is the conversation with potential parties confidential under mediation statutes?
  • How robust should the intake process be—without creating an appearance of partiality--so as to identify possible conflicts of interest and other problems that could derail the mediation?
  • How zealous can a mediator be in advocating for the process without violating ethical rules?
  • Are any of the issues outlined above ameliorated if a party’s attorney calls the mediator and asks the mediator to contact the attorney for the other side?

and others.

Mediators and mediation advocates who register for this webinar will come away with broader insight into the steps that need to be taken—and avoided—during the pre-mediation agreement stage and will receive concrete tools and materials to improve their own mediation intake practices.

WHO WOULD BENEFIT FROM THIS PRESENTATION – Mediators, advocates, academics, and anyone interested in the dynamics of the mediation process.

What others are saying about this presentation...

This program raised issues that I, as an experienced mediator, have not previously considered. It was very well-done!

Good program for parties unfamiliar with mediation and are considering it to resolve a dispute.  Also helpful to new mediators to understand disclosure and responsibilities as a mediator.

^ A link to this recorded webinar's supplemental material appears above at left.  You may download the materials once you have registered for the recording.

This program does not qualify for the AAA's annual Arbitrator Continuing Education (ACE) requirement.  

Launching the Course After Registration

If you purchase this recorded webinar you will receive a confirmation email containing a link to the course.  You will click the course link in that email or copy and paste the link into your browser to launch the course. 

CLE Information:

CLE is currently not offered on AAA recorded webinars. Some jurisdictions will allow CLE credit for online programs, and we suggest that you confirm CLE credit availability for this type of program with the appropriate state CLE regulator.  A Certificate of Attendance will be provided upon request.


Please contact AAA Education Services at or 212-716-3977.