Mediation Ethics Articles


Mediation Ethics Articles


Court-based Dispute Resolution

(2/16/18)Shirli Kirschner

Adapted from Prof Tania Sourdin, Alternative Dispute Resolution, 5th ed, 2016, Thomson Reuters. ADRAC gratefully acknowledges the authorship of Professor Sourdin, who kindly prepared this paper.

ADR in the Spirit of the Season

(2/16/18)Nancy Shuger

This article illustrates the power of the mediation process to transform conflict into common ground.

The Force Present in a Truly Transformative Mediation

(2/16/18)Charlie Young

An unforgettable experience that facilitative mediators encounter is the experience of being part of a truly transformative mediation.

The Ethics to Retaliation

(2/16/18)Alia Ismail

Many people resort to retaliation to protect their own authority. Yet, conduct in such situations rarely happens within ethical means.

Mediating With Sharks Is No Walk In The Park

(2/08/18)Randy Drew

It is important to Praise Publicly & Quadrate Privately.

Listening to Your Triggers – How to Suspend Judgment When You Are Angry

(2/02/18)Patricia Porter

A hot button or trigger word can be words, a tone of voice, or a particular way someone conveys body language that sets you off.

I Like You!

(2/02/18)Phyllis Pollack

Lawsuits are products.

Juries of Their Peers

(2/02/18)Maria Simpson

When I was in fourth grade, a few millennia ago, our teacher established a system so we could settle a lot of our own disputes.

The NFL Can Make a Difference by Choosing Mediation

(2/02/18)Gerald Clay

A group of protesting NFL players recently submitted a request to enter formal mediation with the NFL owners and management. They are absolutely correct – this situation screams out for mediation!

Conflicting Negotiation Styles and Strategies: Comparing Perspectives from Saudi Arabia & USA

(2/02/18)Norah Alsugair

This article describes the different cultural aspects to take into account when negotiating in Saudi Arabia or the US.

Criminal Justice and ADR

(1/26/18)Shirli Kirschner

What does ADR mean in the criminal justice context?

Spark a Shift in Perspective with this Question

(1/26/18)Tammy Lenski

It’s hard to get fresh perspective about our situation or the other person when we’re trapped inside a conflict.

The Lebanese: Heading into an Authentic Reconciliation, and Creating a Potential Reconciliatory Force in a Volcanic Region

(1/26/18)Alia Ismail

In the midst of an unstable Middle East, occupied with a combination of authentic civil protests, and illegitimate ISIS attacks, Lebanon seems to be a promising spot to true reconciliation.

Hiring a Divorce Attorney? Buyer Beware

(1/19/18)Mark Baer

John Keith wrote the following: “It is inherent in our role that we fight other peoples’ battles, but this duty encourages us to identify with our clients and view their battles as our own.”

The Picasso Trick for Better Problem Solving

(1/12/18)Tammy Lenski

When we become too wedded to our own solutions, conflict resolution conversations can get pretty stuck.

Mediating Blood Feuds in the Cretan Mountains

(1/12/18)Christian Radu Chereji

One tradition on Crete is the persistence of blood feuds, conflicts between clans that go for generations, involving armed violence and bloodshed.

Champions of Peace

(1/12/18)Bruce Edwards

Remember, we are not just developing an individual practice. We are reshaping a legal culture, while building an industry.

Confusing Dispute Resolution Jargon

(1/05/18)John Lande

In response to my question, “Do you use “BATNA” wrong?,” I plead guilty, with an explanation.

On the Road to Solutions that Work for All

(1/05/18)John Sturrock

The idea of our bus tour was to engage local communities in conversations about what was important to them in their area and explore how effective dialogue can aid problem-solving, help resolve contentious issues and reduce conflict.

Arbitration of Criminal Plea Bargains? A Step Too Far Says Ninth Circuit

(1/05/18)F. Peter Phillips

This article discusses the decision holding that disputes between a putative criminal defendant and a private company contracted by a prosecutor pursuant to a criminal diversion process are not subject to arbitration.

The Role of the Apology in Abuse Redress Schemes

(1/05/18)Greg Rooney

The profound apology has been an essential part of abuse redress schemes adopted by a number of religious institutions in Australia for supporting victims of abuse within their organisations.

The Arbitration from Hell and How the New York Courts Got It Wrong

(12/28/17)Norman Solovay

This article will explain why the First Department was wrong in 2015 when it unanimously affirmed a lower court’s arbitration decision.

I Would Never ...

(12/22/17)Cinnie Noble

The other day a coaching client told me that she became angry at a man she works with who criticized how she managed a situation.

Aboriginal and Torres Strait Islander people and ADR

(12/15/17)Shirli Kirschner

This topic is a sizable one which raises many sensitive and complex issues well beyond the scope of any snapshot overview.

Restoring Autonomy to the Clients – A Mediator’s True Calling?

(12/09/17)John Sturrock

A whole day of mediation without a “joint meeting”.

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