Mediation Ethics Articles


Mediation Ethics Articles


Where are we Going?

(6/16/17)Jen Reynolds

This article gives an excerpt from Tom Stipanowich's reflections on the mediation field.

Comparative Data on Mediation Websites: Most Visited and Most Linked

(6/13/17)Jim Melamed

According to Alexa.com, Mediate.com is most visited and most linked mediation website.

We Need Science Diplomacy!

(6/09/17)Larry Susskind

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.

Model Standards of Mediator Conduct: Time for Revision?

(6/09/17)Sarah Cole

Is it time to revise the Model Standards for Mediators?

A Bully in Real Life

(6/02/17)Phyllis Pollack

Life’s lessons come when you least expect them, and my mediation training comes in handy at such unexpected times.

Cognitive Bias Revisited

(5/26/17)Michael P. Carbone

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.

Verdict in JAMS Lawsuit

(5/26/17)F. Peter Phillips

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.

Reading Emotions

(5/26/17)Joe Markowitz

A character in Guardians of the Galaxy 2 shows that it is often more important to understand emotions than rational thoughts.

Study: Results Point to the Value of a Joint Session

(5/26/17)Bernard Morrow

The use of the joint session in mediation has been a hot topic of study and debate in recent years.

New ISIS "Just Terror Tactics" Calls For Hostage Taking

(5/08/17)Jeff Thompson

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.

The Agreement to Arbitrate and the ‘Applicable Law’

(4/28/17)Beth Graham

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’.”

Negotiation and Mediation: Is that a Law Student's Cup of Tea?

(4/28/17)Sandeep Bhalothia

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?

Negotiation - Part 1

(4/27/17)Pete Desrochers

Focus and preparation are the muscles that will give us the perspective and control we need right from the starting gate.

Mediating in the Shadow of Faith: Personal Beliefs, The BATNA Analysis, and Dealmaking

(4/21/17)Gregg Relyea

This is a fictional story based on fact, teaching an example about mediation.

Aragaki - The Dao of Friendly Skies

(4/21/17)Art Hinshaw

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.

Conflict: The Unexpected Gift - Video

(4/15/17)Jack Hamilton, Elisabeth Seaman

This is an interview of my business partner, Jack Hamilton and me, about mediation, conflict resolution and our book, Conflict - The Unexpected Gift.

Can Your Beliefs About Someone Alter Their Behavior?

(4/14/17)Tammy Lenski

If you believe someone is aggressive, could they behave more aggressively with you than with others?

Mediation is a Common Good

(4/11/17)Noa Zanolli

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 in Conflict, Ask Yourself, "What are the unmet needs?"

(4/07/17)Meredith Richardson

When you are in conflict, what are your unmet needs? What are the unmet needs of the person with whom you are in conflict?

Towards a Harmonised Approach to Mediation Legislation in Asia?

(3/17/17)Nadja Alexander

In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation.

Expectations Great and Small

(3/10/17)Nancy Shuger

This article addresses the benefit parties can gain by moving from unrealistic positions toward considering realistic solutions to a dispute.

Reflecting on RSI Focus Groups in Washington, DC

(3/03/17)Susan Yates

My mediation skills, honed over many years, make it easy to shift into the role of focus group facilitator.

Putting Away Childish Things

(2/24/17)John Sturrock

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 a Tough Sell

(2/24/17)Michael Jacobs

Peace is, and will continue to be, a pain in the butt.

The Seductiveness of Being Right

(2/24/17)Lorraine Segal

The desire to be right is deeply seductive and understandable, but it can cause a lot of problems at work

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