Mediation Ethics Articles
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.
A character in Guardians of the Galaxy 2 shows that it is often more important to understand emotions than rational thoughts.
The use of the joint session in mediation has been a hot topic of study and debate in recent years.
This is important for crisis and hostage negotiators to read and understand as it presents the potential perspective of a terrorist-subject when the incident involves a hostage standoff situation.
According to Alexa.com, Mediate.com is most visited and most linked mediation website.
Alan S. Rau, Mark G. and Judy G. Yudof Chair of Law at the University of Texas at Austin School of Law, has published “The Agreement to Arbitrate and the ‘Applicable Law’.”
Ever wondered why mooting or debating is a very essential part of law student’s life? Ever wondered what kind of skills a law student can develop by participating in a moot or a debate?
Focus and preparation are the muscles that will give us the perspective and control we need right from the starting gate.
This is a fictional story based on fact, teaching an example about mediation.
In the past week the Internet went ablaze with news reports of United Airlines passenger Dr. David Dao’s merciless ejection from a Louisville-bound flight.
This is an interview of my business partner, Jack Hamilton and me, about mediation, conflict resolution and our book, Conflict - The Unexpected Gift.
If you believe someone is aggressive, could they behave more aggressively with you than with others?
Mediation does not belong to professionals and specialists only. The mere thought of mediation, its philosophy, mediation’s essence, is for the common good and so the question is: How could mediation become a common good?
When you are in conflict, what are your unmet needs? What are the unmet needs of the person with whom you are in conflict?
In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation.
This article addresses the benefit parties can gain by moving from unrealistic positions toward considering realistic solutions to a dispute.
My mediation skills, honed over many years, make it easy to shift into the role of focus group facilitator.
This article discusses engaging with “the enemy,” building relationships, separating people from the problem, listening to and understanding deeply, finding “win-win” solutions to intractable problems based on interests rather than polarised positions, and accepting and acknowledging our own imperfections.
Peace is, and will continue to be, a pain in the butt.
The desire to be right is deeply seductive and understandable, but it can cause a lot of problems at work
I recently read a Daily Good story about Navajo Indian peacemaking, a seven-step process focused on restoring relationships, a notion the Navajo refer to as “K’e”.
While the exception to mediation confidentiality has a long way to go before it becomes law in California, I sense that the initial work of the CLRC is just about concluded.
Direct engagement with a wide range of stakeholders, using the tools of Environmental and Social Impact Assessment, is required.
It is my observation that the bully approach is not effective in mediation, although it may be in court.
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