Mediation Ethics Articles
This article encourages mediators with different levels of experience to work together. It uses the analogy of pacesetters in a marathon to show how mediators can support and challenge each other leading to growth and improvement in the mediation profession
The Association for Conflict Resolution (ACR) Taskforce on Safety in Alternative Dispute Resolution (ADR) has drafted the ADR Safety Planning to promote the safety of practitioners and participants in ADR processes. This is part 3 in the series--discussing what mediators can do in cases of extreme violence.
In cases where discrimination has occurred, mediation becomes trickier and sometimes it seems the only way to bring reconciliation is through a trial.
(11/08/19)Ronald S. Kraybill
On September 11, 2019, President Trump warned about what America would do if attacked again.
In any given mediation, I am often asked whether I think the other party is telling the “truth”, can she be “trusted”?
Charlie Irvine in his recent Kluwer blog (Mediation Values: Still Searching) suggested it is our values that determine what we do or say in a mediation rather than any techniques we learn as mediators.
The Association for Conflict Resolution (ACR) Taskforce on Safety in Alternative Dispute Resolution (ADR) has drafted the ADR Safety Planning to promote the safety of practitioners and participants in ADR processes. This is part 1 in the series--discussing the ideology and process approach of the Taskforce.
(10/25/19)F. Peter Phillips
The twisted course of arbitration jurisprudence in New Jersey has taken yet another peculiar detour.
California’s Yolo County Superior Court has launched a new online dispute resolution (ODR) program to resolve debt and money due cases.
Having mature, self-aware conversations takes a good level of skills – what we call Conversational Intelligence.
California last week enacted a new law that prohibits employers from requiring job applicants, or any existing employee, to enter into pre-dispute arbitration agreements as a condition of employment.
A few months ago, I posted a quote on Twitter that a colleague sent me because she thought I’d like it. And I do.
There are many forms of mediation and environments in which they occur, but a place that proves extremely beneficial for mediation takes place in an educational setting.
(10/04/19)Ronald S. Kraybill
How can we assist the healing of a broken world when we ourselves are far from healed?
After more than 16,500 mediations inside and outside of the court system, dozens of organizational interventions, executive coaching, and overall collaborative problem solving, I have learned some hard lessons about what works and what doesn’t.
With increasing political polarization in the United States, political absolutists are halting the practice of compromise and collaboration for their Congressional representatives.
Why should I choose mediation to deal with conflict?
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.
During a recent discussion of ethics, I asked whether it would be proper to hide information.
What have we learned from the mediators working tirelessly to promote the institutional and cultural changes necessary to implement mediation within their home countries?
In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”).
Diversity in ADR is an important topic of late.
Discrimination is a tightening net of issues and demands around HR.
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?
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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.”