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The Mediation Privilege
In this article review, I will summarize the main points of “The Mediation Privilege,” give a key analysis of the author’s main points, and personally apply the article to my own life.
In Marcia S. Cohen’s article, “The Mediation Privilege,” Cohen does a fantastic job at providing the reader a firm definition of the concept of the mediation privilege (Cohen, 2013). Specifically, Cohen defines privileged mediation as “the protection from disclosure of confidential communications in mediation (Cohen, 2013).” Cohen describes specific sections of the Uniform Mediation Act, including sections that allow for exceptions to this rule. Following this, Cohen then goes into great detail regarding how states, with the exception of Delaware, have adopted some form of mediation privilege (Cohen, 2013). Further, Cohen describes how the mediation privilege has been both impacted and how it has impacted federal law. Specifically, Cohen discusses the Administrative Dispute Resolution act of 1996 and court cases such as Sheldone v. Pennslvania Turnpike Com’n (Cohen, 2013). Finally, Cohen discusses the Ombudsman Privilege (Cohen, 2013).
Cohen’s main points are, seemingly, to be extremely informative in this article. Cohen does not ever truly provide any insight as to her personal opinions on the matter; rather, she presents the data as very matter-of-fact. After reading through the article, it is clear that her main point was to discuss the mediation privilege and some of the nuances of this type of privilege regarding mediation, whether that is in employment disputes, personal disputes, or any other type of dispute. Cohen went into great detail in ensuring that the reader understood that what is said in mediation is confidential – it can’t be used against someone through the mediation process (Cohen, 2013).
It is refreshing to know that if I were in an employment dispute, I could receive mediation and it confidential. Specifically, Cohen states, “the guarantee of privacy concerning sensitive information often motivates parties to resolve their disagreements through mediation (Cohen, 15).” This is absolutely true – knowing that I would have the guarantee of privacy would absolutely encourage me, rather than discourage me, to solve a dispute. Knowing that some of what I was saying couldn’t be used against me is extremely helpful. Further, Cohen states, “and if there is any chance that a mediator’s neutrality can be compromised by compelling his or her testimony regarding matters disclosed during mediation, the parties would feel less comfortable in confiding delicate matters to him or her in caucus (Cohen, 2013)” Again – this is absolutely applicable to me as well and I completely am able to relate to this message on a personal level.
In conclusion, in this article Cohen goes into great detail regarding the mediation privilege and wants to ensure that the reader has all of the information needed to make an educated opinion on the mediation privilege.
Evolution of Teaching Negotiation: The Legacy of Walton and Mckersie
In this article review, I will summarize the main points of “The Mediation Privilege,” give a key analysis of the author’s main points, and personally apply the article to my own life.
In this article, Greenhalgh and Lewicki go into great detail describing the evolution of practice, theory, and teaching of negotiation. The authors describe how negotiation has always been important, but for most of academic history, nothing about it has ever been taught (Greenhalgh & Lewicki, 2015). Greenhalgh and Lewicki describe how Richard Walton and Robert McKersie’s A Behaviorial Theory of Labor Negotiations radically changed the history of understanding and teaching negotiation (Greenhalgh & Lewicki, 2015). This work, so important our authors decided to suggest that the entire legacy of negotiation could be credited to Walton and McKersie through the name of the article, paved the way for the future of negotiation instruction and theory development. After this critical work, more and more interest began to develop surrounding teaching negotiation strategies and techniques, specifically within the world of labor negotiations (Greenhalgh & Lewicki, 2015). However, after the foundation of the National Institute for Dispute Resolution, more and more institutes of higher education began teaching negotiation and introducing the curriculum into their professional practices (Greenhalgh & Lewicki, 2015). After describing this evolution, which is critical for the reader to understand, Greenhalgh and Lewicki go into great detail regarding early negotiation courses, how the field became much more established, and how advanced level negotiation techniques, courses, and ideas came into the professional and academic curriculum and discourse (Greenhalgh & Lewicki, 2015).
This article was, again, extremely informative, and I believe that this serves as the primary analysis of the author’s key points. I believe that the author’s main points were to ensure that the reader understood the history of how negotiation was brought into the professional and educational curriculum. In order to understand the current state of teaching negotiation, the reader needs to understand how far the field has come in a relatively short amount of time. I also believe that the author’s want the reader to see how early negotiation courses naturally evolved into the field becoming established and then again into advanced level negotiation. By structuring this area in such a way, the reader is able to see the natural evolution of the field of negotiation. Finally, the authors want the reader to have a key understanding of what the field could look like in the future, as evident by the section discussing what the field needs moving forward. The authors, outside of this section, do not offer opinions or insights, and remain informative. I do, however, find it extremely interesting that they discuss the idea of ethics within the realm of negotiation.
Personally, I believe that the authors say it best when they state that anyone teaching negotiation will ultimately have to decide whether or not they will be teaching students about the literature concerning negotiation or whether they will teach students what is practical in becoming good negotiators. I find that understanding the theory, history, and literature to be extremely important – it provides context to what we will ultimately do and I believe that context is extremely important. However, I also understand that I need the practical realities and practical advice to ultimately succeed in negotiations. That balance is striking and, I believe, incredibly important if I am to ultimately be successful.
References
Cohen, M. S. (2010). “The Mediation Privilege.” The Florida Bar Journal, April, 2013, 15-19.
Greenhalgh, L., Lewicki, R. J. (2015). “Evolution of Teaching Negotiation: The Legacy of
Walton and MckErsie.” Negotiation Journal, Oct. 2015, 465-476.
