Center for Conflict Resolution


Mediation Ethics Articles


Mediation Ethics Articles


Mediation in Domestic Violence Case: Whether to Use or Not to Use? – An Indian Perspective

(9/19/19)Sandeep Bhalothia

In this article, I aim to identify two opposite interests associated with the settlement of domestic violence cases, and look at the Indian law to see how those two interests are equitably balanced, therefore, providing a recommended way forward, not necessarily a perfect one, to handle cases related to domestic violence.

A Dent in the Universe

(9/16/19)Bruce Edwards

What have we learned from the mediators working tirelessly to promote the institutional and cultural changes necessary to implement mediation within their home countries?

Pouring a Little Psychological Cold Water on ODR

(9/12/19)Beth Graham

In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”).

The African Promise

(9/12/19)Hiro Aragaki

Diversity in ADR is an important topic of late.

How to Really Stop Discrimination by Class

(9/12/19)Arran Heal

Discrimination is a tightening net of issues and demands around HR.

India’s Internet Citizens Can Finally Settle Online!

(9/07/19)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?

Minding Your Tongue: How to Recover from a Slip and Fail

(9/06/19)Jacqueline Burnett-Brown

Whether it is a minor slip of the tongue or an entire foot in the mouth, either can lead to some uncomfortable moments followed by the instinct to explain what was “really meant.”

Divorce Done Differently!

(9/06/19)Denise French

As soon as you begin to contemplate divorce, the nauseating, panic-attack-inducing realization of losing half of your net worth kicks in and you find yourself wondering if it’s even worth it to consider leaving if you’re just going to end up broke and starving.

Conflict: Blown Out of Proportion

(8/30/19)Cinnie Noble

It happens, at times, that our conflicts get blown out of proportion.

Educating the Next Generation in Resolving Social Media Disputes

(8/05/19)Gregg Relyea

Educating the next generation about conflict resolution skills--early in life--is essential on many levels.

Mediation As An Effective ADR Mechanism

(8/03/19)Anveksha Padhye

In this article, Anveksha Padhye does a critical analysis on whether mediation is an effective ADR mechanism or not.

What Happens if Employers Have to Prove They're Not Discriminating?

(8/02/19)Arran Heal

Legal recriminations and punishments usually only limit the conversation.

Establishing Standards for Online Domestic Relations Mediation

(7/18/19)Jim Melamed

Leading national family mediation organizations, including Mediate.com, have abided by common standards for divorce and family mediation for over two decades. Do these standards need to be updated to address issues of online mediation? If so, how?

Why Retainers are Important to the Mediation Process

(7/12/19)Laurie Israel

For most mediations, having the financial relationship between the mediator and the clients prepaid through a retainer can be a very strong impetus towards making the mediation process stronger and more effective.

Bringing the Human Face to Conflict

(7/12/19)Jacques Joubert

Mediation may be described as a process that evolves over four different phases. It begins in a joint session and ends in a final joint session.

The Slippery Slope of Negotiations!

(7/05/19)Phyllis Pollack

This looks at a PON article which discusses four reasons why a negotiator might proceed down the slippery slope of an ethical lapse.

May I Talk to the Other Party ?

(6/28/19)Phyllis Pollack

I have said this before and will say it again: talking to the other party does wonders.

Mediation in a Changing Climate? - From Consensus to Confrontation?

(6/17/19)John Sturrock

It is a privilege to speak here at the Salzburg Global Seminar. I'd like to start with some provocation. Imagine these alternatives to the usual headlines.

New Interview with Don Saposnek - The Future of Mediation and Negotiation in Our Culture, Politics and Society

(6/07/19)Donald T. Saposnek

This is a new interview with Don Saposnek, long-time leader in the field of divorce mediation and best supporting the interests of children in divorce, by Robert Benjamin as part of Mediate's new "The Future of Mediation and Negotiation in Our Culture, Politics and Society" video series.

How Meditation Can Help During Mediation

(5/31/19)Sylvia Smith

If you're going through a divorce or a rough business settlement, it's safe to say your life has been stressful lately.

Referring Church Conflict to Mediation

(5/30/19)Wayne Plenert

This article outlines what uninvolved church leaders could do: encourage mediation in churches.

Comparing Mediation Websites

(5/24/19)Jim Melamed

According to brand new 5/22/19 data from Alexa.com, Mediate.com is most visited and most linked mediation website, by far!

APFM, NAFCM, MBB & ACR Sponsor National Mediation Policy Act!

(5/17/19)Mediate.com

The APFM, NAFCM, MBB & ACR have joined Mediate.com's groundbreaking efforts to set America on a better path by sponsoring the "National Mediation Policy Act" (NMPA). The Act declares a national policy favoring voluntary mediation over disputes being litigated, remaining unresolved or resulting in violence.

The Need to Be Right

(5/03/19)Cinnie Noble

One of the many attitudes to conflict that derails interpersonal conflicts (and most conflicts, really) is a need to be right

Conflict Resolution is a Change Process, But What is Changing?: The Neural Reality of Conflict Experience

(4/08/19)Tim Hicks

A conflict resolution process is a change process.

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