Dilemma for lecture at Groningen University

Wednesday, January 15, 2020

Guest Lecture for international master students at Groningen University

Oftentimes you get very interesting questions to ponder when you deliver a lecture. In December 2019 I was a guest speaker on mediation advocacy for a contract law seminar at Groningen University RUG and I was asked:

‘When and how to raise the issue if you as a party representative would like to replace the mediator during the mediation process.Most mediation rules state that the parties are free to replace the mediator. However how to elegantly do it without jeopardizing the resolution process in practical steps?’

You obviously need to inform the mediator and the other party and agree on how to find a new mediator. It makes sense to first try if the trust can be restored with this mediator by addressing it asap. The mediator is also obliged to support the parties to appoint a colleague.

But what if the other party is happy with the mediator and you fully lost confidence in the mediator based on something that happened in a caucus around sharing confidential information, so you cannot disclose the reason yet to the other party?

Any tips for mediation advocates how to deal with this dilemma?





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