Center for Conflict Resolution


Mediation Ethics Articles


Mediation Ethics Articles


Responsibility in Mediation: Who has it? - Part 2

(6/14/18)Paul Rajkowski

I love mediation because parties get to probe, understand, make choices, create options and arrive at mutual decisions, saying how they feel about this conflict.

Disability Mediation : An Overview

(6/14/18)Ryan Compton

This article is to give an over view of the use of disability mediation and a case study. The article will highlight some of the benefits of utilizing specialist mediators, confidentiality and why disability mediation works.

“Trusting” the Expert

(6/08/18)Phyllis Pollack

In its Smarter Living section on April 29, 2018, the New York Times posted an interesting article about how our unconscious biases can play tricks on us when it comes to experts.

Responsibility in Mediation: Who has it?

(6/07/18)Paul Rajkowski

Mediation is a wonderful process and I love mediation but I do not want to see it get more complicated with “what mediators need to do” kinds of stuff.

India’s Internet Citizens Can Finally Settle Online!

(6/07/18)Jonathan Rodrigues

This millennial generation demands quick, accessible and tech-ridden supply of solutions to all its needs. How, then, does this generation remain indifferent and accommodating of the traditionally inefficient court system?

See That Lake Over There? Fancy a Swim?

(6/04/18)Katherine Graham

Masculine control of our culture is like that woman-eating crocodile: some of us never experience its bite, others see a glimpse of its toothy grin, but it only need destroy one woman once in a while, in order for the fear of it to affect all women.

Mediator Ethics: The Quest for Justice LEP Litigants and Bilingual Mediation

(6/04/18)Patrick Mastronardo

This article discusses the ethics behind a mediator acting as a translator and drafting an agreement when there are dual languages.

ODR for All: Digital Accessibility and Disability Accommodations in Online Dispute Resolution

(5/22/18)David Larson, Lainey Feingold

The promise of online dispute resolution (ODR) depends on accessibility.

How to Take a Scientific Approach to Improving Employee Productivity

(5/21/18)Rae Steinbach

Although our digital devices have certainly made life more convenient, they’ve also made it more fast-paced.

Online Dispute Resolution: the “New Normal”

(5/18/18)Marcy Einhorn

It may come as a surprise that online dispute resolution has been around for more than twenty years.

Reflections on North and South Korea

(5/17/18)Kenneth Cloke

As I write these words, a meeting is being organized in Singapore between the US and North Korea, and it is worth reflecting for a moment on how it happened that the world suddenly changed.

Managing a Resentment Relapse at Work

(5/04/18)Lorraine Segal

A client of mine had a resentment relapse recently.

Two Simple Steps For A More Successful Mediation

(5/03/18)Erin McCoy Alarcon

This article discusses how active listening and creative problem solving help move discussions forward toward resolution.

Recognizing The Signs Of A Conflict Storm

(4/20/18)

By paying attention to the early signs of conflict, you become more aware of a potentially slow-growing storm.

Over Confidence Can Kill!

(4/20/18)Phyllis Pollack

While typically we discuss the over confidence bias in the context of negotiations, trials and other non-life-threatening events, this bias applies to all situations.

Amplifying Ombuds Trends with Data

(4/20/18)Jennifer Smith Schneider

How does an ombuds define a trend, and how can one know if the issue is truly pervasive or of consequence?

Neutral Analysis: A Powerful and Effective Tool

(4/20/18)Clarence Pozza

In a wide range of disputes, counsel and their clients have increasingly turned to neutral analysis and evaluation.

Comparative Data on Mediation Websites: Most Visited and Most Linked

(4/18/18)Mediate.com

According to Alexa.com, Mediate.com is most visited and most linked mediation website. In business since 1996, Mediate.com has over 6 million annual site visitors and serves as a bridge between professionals offering dispute resolution services and people needing these services.

Restorative Practices in Juvenile Criminal Proceedings

(4/13/18)Maria Paola Felibert, Maria Eugenia Sole

This article moves from theory to practice by demonstrating an approach from a real case in Latin America.

What I Learned About Conflict From Cheetahs

(4/05/18)Cinnie Noble

The dwindling of the cheetah population is due to the conflict between them and men.

Settlement Ethics 101

(3/23/18)Phyllis Pollack

So… is the attorney in the Daniels/Trump case in a no-win situation here?

Be a Glass Half-full Mediator

(3/22/18)Sandeep Bhalothia, Achintya Sharma

Use of mediation in resolving commercial and family disputes is gaining popularity worldwide and a lot have been written about its benefits. However, in this article, we discuss the necessity of optimism in a mediator - without which hardly any mediation can be successful.

Interview with Doug Yarn

(3/21/18)Doug Yarn

This is the complete interview by Robert Benjamin with Doug Yarn, a leading conflict resolution academic, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Splitting America Redux: Implications for Keeping our Kids Safe

(3/16/18)Donald T. Saposnek

After 911, our lives changed seemingly forever. No longer a safe, secure, innocent society, Americans have come to a tipping point.

Why Ego Management is Key to Effective Mediation

(3/16/18)Bruce Edwards

In the 1990s, the very suggestion of facilitated negotiation was viewed with equal parts suspicion and contempt by most seasoned trial lawyers

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