Center for Conflict Resolution


Mediation Ethics Articles


Mediation Ethics Articles


Hosting Gregorio Billikopf's Empathic Listening Audio Seminar

(1/11/19)Gregorio Billikopf

Last year, I came across an awesome free resource for learning mediation and as part of that, empathic listening.

The Place of Mediation: New Interview with Nina Meierding

(1/08/19)Nina Meierding

New interview with Nina Meierding by Robert Benjamin as part of Mediate's new "The Place of Mediation" video series.

Book Review: NEGOTIATION Things Corporate Counsel Need to Know but Were Not Taught by Michael Leathes (Wolters Kluwer 2018)

(12/28/18)Sylwester Pieckowski

This book teaches us many things, such as that the dynamics of neuroscience may make our your eyes glaze over, but understanding the basics of brain science improves negotiation.

Supreme Court of India - Mediation Training Manual

(12/28/18)Supreme Court of India

Mediation has emerged as a fast growing disputes redressal mechanism. The Supreme Court of India has constituted Mediation and Conciliation Project Committee (MCPC) to oversee the effective implementation of Mediation and Conciliation in the country.

Comparative Data on Mediator Directory Websites

(12/25/18)Mediate.com

According to new data from Alexa.com, Mediate.com is most visited and most linked mediator directory website.

Practice Informed By Research: Cross Cultural Approaches Informing Mediation

(12/21/18)David Smith

In this article, Smith describes his views on the importance of research informing practice. He shares the experiences of his students Laura Mahan and Joshua Mahuna presenting at an academic conference including about their theory of the integration of cross cultural approaches in mediation.

Stop Being a Damned Fool

(12/07/18)John Lande

Many lawyers are frustrated with their actual clients at times and are tempted to tell them the same thing – and sometimes do.

Findings from an Evaluation of Eight Foreclosure Mediation Programs

(12/07/18)Jennifer Shack

One great benefit of evaluating eight programs with different approaches to resolving the same cases is that it allowed me to uncover program design factors and other variables that promote program success.

Essential Tips on Writing an Effective Mediation Submission

(12/06/18)Paul Bates

Mediation and the written agreement has become integral to the litigation process and offers avenues through which disputes can be settled amicably.

Legal Stress

(11/30/18)John Lande

This post provides excerpts from my research summarizing significant stresses affecting each of these groups and notes resources and ideas for dealing with them.

Every Dispute is Two Disputes

(11/30/18)Phyllis Pollack

The theme of the session was that while being intelligent is good, it is also very important to have emotional intelligence; the ability to tap into the emotions of others, or to read people.

Interruption and Self-Determination

(11/30/18)Dan Simon

Chaos? A mediation out of control? A weak mediator? I don’t think so.

Saving Homes, Building Understanding

(11/30/18)Eric Slepak

This new evaluation looks at four-plus years of data across eight different programs to provide a comprehensive analysis of foreclosure mediation in Illinois, and to highlight how differences in program models impacted outcomes.

Liberia, Its Poverty Recovery Strategies and Failures, and Why Its Pro-poor Agenda will Fail if Lacked Future Perspectives

(11/30/18)Robert Quiminee

This article discusses Liberia's path to peace and liberation, 1871 - 2017.

Is the Einstellung Effect Interfering With Your Problem Solving?

(11/16/18)Tammy Lenski

The Einstellung Effect is a cognitive trap that prevents us from seeing better or simpler solutions to problems we’re trying to solve. Here’s how to recognize it and reduce its effect.

Scorched Earth Clients: Mediating with High Conflict People

(11/12/18)Darrell Puls

You have met them if you have been mediating for any length of time: High Conflict People.

Dishonesty

(11/01/18)Colin Rule

I’d wager we’ve all had a friend or family member share one of their new creations with us (maybe a poem, or an article, or a intending-to-be-funny youtube video) and ask, excitedly, “What do you think?”

Heartbroken in Pittsburgh

(11/01/18)Andrea Schneider

I thought that teaching the Kavanaugh hearings in a careful and respectful manner a few weeks ago would be the biggest teaching challenge of the semester. I was wrong.

Two Points: Detrimental to any Mediation Process

(10/26/18)Muhammed Rafeeque

The post is about TWO points which may go against the Mediation Process in India: (i) A constant persuasion of Mediator on either parties would have opposite effect.

Ethical Fading

(10/19/18)Phyllis Pollack

Typically, before I discuss the topic of mediation ethics with my students, I delve into the topic of “negotiation ethics” in general.

Powerful Words on Inclusion and the Impact to Follow

(10/19/18)Kim Taylor

In a recent article, Kim Taylor, senior vice president and chief legal and operating officer at JAMS, discusses the importance of inclusion and diversity as it relates to alternative dispute resolution (ADR) and specifically arbitration.

The Mediation Advocate’s Alphabet

(10/19/18)Jonathan Rodrigues

From limited experiences, learning from mistakes, compliments from clients, advise from mentors and suggestions from peers, here is a guidebook with some cheat codes for any amateur lawyer looking to rehearse before a Mediation.

Blind Justice: Can Individuals Be Bound to Arbitration Clauses They Can’t Read?

(10/13/18)Michael Heller

The First U.S. Circuit Court of Appeals in Boston recently declined to enforce an arbitration clause in the Container Store’s loyalty program against blind customers.

Mediation Power Imbalances: Weighing the Arguments

(10/12/18)Nigel Dunlop

It is commonly said that power imbalances in mediation render it unfair.

What Do Marriage Counselors and Mediators Do?

(10/12/18)Ben Hartwig

There is a big difference between marriage counselors and mediators, and each is specific to the condition of a relationship.

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