Ellen Waldman is a professor of law who teaches, lectures, and trains in the area of mediation and health care ethics. She is the founder and director of the Mediation Clinic at Thomas Jefferson School of Law in San Diego and has published extensively on mediation, bioethics, and other related topics. She has mediated a wide variety of disputes and serves on private and public health care ethics committees.

• Preface ixAcknowledgments xiii1 Values, Models, and Codes 12 Autonomy and Diminished Capacity 27Commentators: Carol B. Liebman and Mary Radford3 Autonomy and the Emotions 55Commentators: Dorothy Della Noce and John Winslade4 Disputant Autonomy and Power Imbalance 87Commentators: Forrest S. Mosten and Bill Eddy5 Tensions Between Disputant Autonomy and Substantive Fairness: The Misinformed Disputant 113Commentators: Lela P. Love and Jacqueline Nolan-Haley6 Information, Autonomy, and the Unrepresented Party 155Commentators: Michael Moffitt and Dan Dozier7 Mediating on the Wrong Side of the Law 177Commentators: John Bickerman, Jeremy Lack, and Julie Macfarlane8 Mediating with Lies in the Room 199Commentators: Dwight Golann and Melissa Brodrick9 Confidentiality 227Commentators: Bruce Pardy and Charles Pou10 Confidentiality Continued: Attorney Misconduct or Child Abuse 255Commentators: Art Hinshaw and Gregory Firestone11 Conflicts of Interest 277Commentators: Bruce E. Meyerson, Wayne Thorpe, Roger Wolf, and Susan Nauss Exon12 Mediating Multiculturally: Culture and the Ethical Mediator 305Commentators: Carrie Menkel-Meadow and Harold Abramson13 Ethics for ADR Provider Organizations 339Commentators: Phyllis Bernard and Susan M. YatesAppendix: Model Standards of Conduct for Mediators 369Notes 381The Editor 419The Contributors 421Index 431

Ellen Waldman is a professor of law who teaches, lectures, and trains in the area of mediation and health care ethics. She is the founder and director of the Mediation Clinic at Thomas Jefferson School of Law in San Diego and has published extensively on mediation, bioethics, and other related topics. She has mediated a wide variety of disputes and serves on private and public health care ethics committees.

• Preface ixAcknowledgments xiii1 Values, Models, and Codes 12 Autonomy and Diminished Capacity 27Commentators: Carol B. Liebman and Mary Radford3 Autonomy and the Emotions 55Commentators: Dorothy Della Noce and John Winslade4 Disputant Autonomy and Power Imbalance 87Commentators: Forrest S. Mosten and Bill Eddy5 Tensions Between Disputant Autonomy and Substantive Fairness: The Misinformed Disputant 113Commentators: Lela P. Love and Jacqueline Nolan-Haley6 Information, Autonomy, and the Unrepresented Party 155Commentators: Michael Moffitt and Dan Dozier7 Mediating on the Wrong Side of the Law 177Commentators: John Bickerman, Jeremy Lack, and Julie Macfarlane8 Mediating with Lies in the Room 199Commentators: Dwight Golann and Melissa Brodrick9 Confidentiality 227Commentators: Bruce Pardy and Charles Pou10 Confidentiality Continued: Attorney Misconduct or Child Abuse 255Commentators: Art Hinshaw and Gregory Firestone11 Conflicts of Interest 277Commentators: Bruce E. Meyerson, Wayne Thorpe, Roger Wolf, and Susan Nauss Exon12 Mediating Multiculturally: Culture and the Ethical Mediator 305Commentators: Carrie Menkel-Meadow and Harold Abramson13 Ethics for ADR Provider Organizations 339Commentators: Phyllis Bernard and Susan M. YatesAppendix: Model Standards of Conduct for Mediators 369Notes 381The Editor 419The Contributors 421Index 431

Ellen Waldman is a professor of law who teaches, lectures, and trains in the area of mediation and health care ethics. She is the founder and director of the Mediation Clinic at Thomas Jefferson School of Law in San Diego and has published extensively on mediation, bioethics, and other related topics. She has mediated a wide variety of disputes and serves on private and public health care ethics committees.

• Preface ixAcknowledgments xiii1 Values, Models, and Codes 12 Autonomy and Diminished Capacity 27Commentators: Carol B. Liebman and Mary Radford3 Autonomy and the Emotions 55Commentators: Dorothy Della Noce and John Winslade4 Disputant Autonomy and Power Imbalance 87Commentators: Forrest S. Mosten and Bill Eddy5 Tensions Between Disputant Autonomy and Substantive Fairness: The Misinformed Disputant 113Commentators: Lela P. Love and Jacqueline Nolan-Haley6 Information, Autonomy, and the Unrepresented Party 155Commentators: Michael Moffitt and Dan Dozier7 Mediating on the Wrong Side of the Law 177Commentators: John Bickerman, Jeremy Lack, and Julie Macfarlane8 Mediating with Lies in the Room 199Commentators: Dwight Golann and Melissa Brodrick9 Confidentiality 227Commentators: Bruce Pardy and Charles Pou10 Confidentiality Continued: Attorney Misconduct or Child Abuse 255Commentators: Art Hinshaw and Gregory Firestone11 Conflicts of Interest 277Commentators: Bruce E. Meyerson, Wayne Thorpe, Roger Wolf, and Susan Nauss Exon12 Mediating Multiculturally: Culture and the Ethical Mediator 305Commentators: Carrie Menkel-Meadow and Harold Abramson13 Ethics for ADR Provider Organizations 339Commentators: Phyllis Bernard and Susan M. YatesAppendix: Model Standards of Conduct for Mediators 369Notes 381The Editor 419The Contributors 421Index 431