Mediation Ethics Articles
On June 22, 2017, the California Law Revision Commission issued its Tentative Recommendation following its study to create an exception to mediation confidentiality (Study K-402).
Mediator Dan Berstein shares his journey to being open with his bipolar disorder, and how conflict resolution skills can help us overcome barriers to having conversations about mental health. In this profound story, learn how to get past the assumptions, paternalism, and stigma to make room for the other person's story and connect.
This article deals with a formula for success in mediating and fostering positive interactions and outcomes: C + S + T – AR = SI, collaboration, plus synergy, plus teamwork, minus adversarial relationships, equals successful interactions.
"The blame is theirs. The lesson for us is that America’s hostage negotiation strategy is broken."
We transition from the family we were born into to the ones we create.
This paper discusses the use of serious gaming as a method for water resource conflict-negotiation.
A California Correction? Legislature Will Consider Allowing Attorney Malpractice Proof from Mediation
The evidence is in. After 43 years of federal practice under Rule 408 of the Federal Rules of Evidence (1975); 19 years of New York practice under CPLR 4547 (1998); and 16 years of practice in various states under the Uniform Mediation Act (2001), we can conclude: Statutory confidentiality is not necessary for effective mediation.
Mediation confidentiality in California will end on January 1, 2019...unless YOU take action now.
Have you ever asked yourself, “What if I had taken a different route? Then I would not have been involved in the auto accident?”
When a significant change in our life suddenly occurs, we experience a jolt. What’s going to happen next?
If passed by the legislature, new Evidence Code section 1120.5 would allow parties to pursue claims against counsel for “legal malpractice” occurring in a mediation context.
The mediation field now has more information in our push to unlock the black box of mediation.
No one begins a dispute thinking they might be wrong.
On July 6, 2017 a diverse group from the dispute resolution community—lawyers, judges, academics, arbitrators, mediators, policy makers, among others—gathered in London for the latest event in the Global Pound Conferences Series.
This article analyzes an important recent California case related to arbitration agreements and waivers.
I recently attended the annual American Bar Association Dispute Resolution conference in San Francisco. Several themes emerged (for me) as fairly critical for modern lawyers. Here’s a top ten.
Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about.
The practice of healthcare is demanding and stressful. Conflicts materialize in most human interactions and the medical field is no different. Actually, it might be expected. Yet there is a solution.
This article gives an excerpt from Tom Stipanowich's reflections on the mediation field.
According to Alexa.com, Mediate.com is most visited and most linked mediation website.
My colleague, Professor Paul Berkman, has launched a Science Diplomacy Center at Tufts University. This is a campus-wide initiative coordinated through the Fletcher School of Law and Diplomacy.
Is it time to revise the Model Standards for Mediators?
Life’s lessons come when you least expect them, and my mediation training comes in handy at such unexpected times.
By now we should all be familiar with what "cognitive bias" is: a mistake in reasoning or decision-making that is caused by sticking to our own pre-conceived ideas based upon personal preferences or feelings.
A few months ago we posted disconcerting news of a dissatisfied party to a California arbitration who, rather than seeking to vacate the award pursuant to state or federal arbitration statutes, sued the arbitrator and the service provider, alleging that the arbitrator’s qualifications had been misrepresented on the provider’s website.
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