My Key Takeaways on Mediation Ethics
Sahil Sagar, JD '26, Sept 30, 2025
The Conflict Resolution Program hosted a Mediation Ethics panel attended by 42 law students, attorneys, and conflict resolution professionals from the Bay Area. The panel included four prominent figures: Adriana Moore, a civil litigation attorney and mediator with 25 years experience; Laurie Mikkelsen, ADR Administrator for the Santa Clara County Superior Court; Tamara Lopez, veteran government litigator and mediator at JAMS; and Hon. Peter H. Kirwan, retired Superior Court Judge and long-time mediation professor at SCU Law. Hosted by Leor Chechik, the session and subsequent mixer highlighted best practices and practical dilemmas in mediation ethics.
Takeaways
Adriana Moore described transitioning from litigation to mediation after noticing her natural tendency to bring parties together and resolve disputes. Moore emphasized a mediator’s duty to serve as a reality check, leveraging subject-matter expertise to help parties assess the feasibility of proposed solutions. She shared that “when in doubt, ask a question rather than offering advice” - ensuring neutrality and maintaining trust.
Laurie Mikkelsen discussed her journey from psychology and environmental law to mediation and ADR administration. Mikkelsen highlighted that mediators must create an environment where participants feel respected and heard, regardless of the outcome. She stressed the importance of procedural satisfaction - ensuring that every step in the mediation process is fair, which often determines whether participants leave feeling content. Her work administering a diverse range of civil and probate ADR programs reinforced how emotional intelligence and active listening are indispensable tools.
Tamara Lopez recounted her experience as both a probate litigator and a mediator. Lopez pointed out how easily mediators can cross the line into inadvertent legal advice, and advocated for using strategic questions to guide discussion. She described how co-mediating offers a dynamic way to balance perspectives and empower parties’ informed self-determination, all while rigorously protecting confidentiality through private caucusing.
Judge Kirwan provided insights from nearly two decades on the bench and as a mediation instructor. He stressed that impartiality is the cornerstone of mediator conduct and recounted cases where stepping aside at the slightest hint of impropriety was necessary to preserve trust in the process. Kirwan illustrated how judges moving into mediation must remain vigilant against bringing courtroom habits, such as steering parties, into mediation settings, where party-led self-determination should prevail.
Personal Reflection
This event challenged and expanded my assumptions about what it means to be an effective mediator. The speakers’ experiences revealed that success in mediation hinges more on transparency, careful disclosure of potential conflicts, and on managing the process so everyone is genuinely included. The recommendation to “disclose, disclose, disclose,” even when in doubt, was especially memorable for its simplicity and importance.
I learned that mediators must avoid offering legal advice, and instead help participants reach their own conclusions through well-timed questions. This technique stands out as a valuable lesson for both legal classroom scenarios and future practice, fostering client empowerment and reducing risk.
Networking during the reception was another highlight—engaging conversations with seasoned practitioners and reconnecting with Professor Mikkelsen deepened my understanding of the mediation community’s collaborative spirit. These interactions gave me confidence about pursuing mediation work, and provided connections that may prove helpful in both future coursework and professional endeavors.
Author:
 |
Sahil Sagar
|