Center for Conflict Resolution


Mediation Ethics Articles


Mediation Ethics Articles


If a Crime is Admitted, What Then?

(7/31/20)Rich Smukler, Gabriela Szlak

If a person during a caucus session tells the mediator that he committed a crime which had nothing to do with the case in mediation, what does the mediator do?

Feedback, Hot Buttons, and White Fragility

(7/28/20)Lorraine Segal

Being open to difficult feedback, even about racism, can help you grow.

3rd Key-Education: Include Learning in Psychology & Brain Science to Enhance Mediator Practice

(7/25/20)Tim Hicks, John Sturrock

Fundamentally, mediators work with people’s psychologies and identities, their worldviews and self-views - everything that makes up what it is to be a human being.

4th Key-Professionalism: Create a Universal Code of Disclosure

(7/20/20)Ana Gonçalves, Francois Bogacz, Daniel Rainey

Universal mediation standards have been a controversial issue ever since the rise of mediation as a dispute resolution process.

Change Power is in the Process: When Listening is Not Enough

(7/17/20)Judy Rashid

Since the untimely and senseless killing of George Floyd in Minneapolis on May 25, 2020, the response from many organizations, places of work, and corporations have been to hold listening sessions specifically for African Americans to “share their story” with their peers.

5th Key-Technology: Embrace and Integrate Relevant New Technologies

(7/15/20)Francois Bogacz, Jeremy Lack

Much ink has been spilled on the future of mediation, and how robots may someday take over from humans. However, mediation is not an empirical science that can be reduced to algorithms.

7th Key-Usage: Forge a User-driven Vision for Mediation; Then Fund It

(7/05/20)Michael Leathes

Today the mediation field needs to go further. It needs to articulate a new, mature, vision. One that unlocks its Golden Age.

7th Key-Usage: Expand the Value of Mediation Into Deal-Making

(7/05/20)Veronique Fraser, Joan Stearns Johnsen

Mediation is a malleable process that parties and neutrals adapt to different areas of practice, cultures, and practitioner demands.

The Seven Keys Conclusion: Many Paths, One Way

(7/04/20)Joanna Kalowski

The likelihood of conflict and conflicting ideologies makes effective resolution of disputes and the negotiation of sustainable deals crucially important.

Demonstrating Reflective Practice

(6/25/20)Michael Lang

Michael Lang describes an account where he was teaching reflective practice, a practice that enables mediators to be more aware of their own methods and why they are using them.

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Australia

(6/25/20)Gregg Relyea, David Bogan

This article series includes viewpoints on the current state of conflict resolution from all 7 continents. This article focuses on North America.

A Transformational Approach to Conflicts Between Police, Demonstrators, and Communities of Color

(6/20/20)Kenneth Cloke

Every officer learns to use violence and the martial arts. How many learn empathy, compassion, and emotional intelligence?

George Floyd: A Call to White Leadership

(6/20/20)Lenton Aikins

The purpose of this brief article is to respond to the article titled “George Floyd: What Leaders Need To Do Now,”published in Mediate.com and to offer some comments by a living black man whose paternal grandfather and grandmother were slaves.

Addressing Ethical Issues in Online Mediations

(6/19/20)Phyllis Pollack

Recently, I posted a blog about some of the ethical issues that might arise in mediating online using a video conferencing service. While I raised several issues, I did not address how to respond to the issues.

Behind the Legal Frustration

(6/19/20)Chinwe Egbunike-Umegbolu

This paper focuses on the problems with litigation, the effectiveness of Arbitration in comparison with litigation and concludes by addressing the issue raised in the question relating to the effectiveness of arbitration in comparison to litigation.

Are Mediators Neutral?

(6/15/20)Carrie J. Menkel-Meadow

Carrie Menkel-Meadow discusses how mediators are not neutral on many issues but the goal is to be non-biased.

George Floyd: What Leaders Need To Do Now

(6/08/20)Lucia Kanter St. Amour

A neuroscience explanation of the reaction to the George Floyd tragedy; specific steps leaders need to take to affect change; and how mediators and facilitators can help in the process.

Mediation Past, Present, and Future

(6/01/20)Howard Bellman

Howard Bellman speaks of how the mediation field has become more mainstream, though it's original intention was to be more radical and counter-culture. He believes the field will continue to grow.

What Mediators Must Consider as They Work

(5/22/20)Sarah Ater

This article highlights the impact of COVID-19 on face to face mediation as social distancing is encouraged. It also discusses other instances when mediators need to stay away from the mediation process such as when they are physically tired or when they face psychological or mental issues.

Fostering Mediation in the Middle East Construction Industry

(5/22/20)Rafat Sweileh

Whilst the construction industry worldwide is plagued by disputes, construction disputes in the Middle East have two distinct characteristics.

Bold Moves

(5/08/20)Christopher Sheesley

This was conflict resolution blasphemy.

Impatience, Conflict, and Covid-19

(5/04/20)Lorraine Segal

Impatience can be a big contributor to conflict, and an obstacle to effective conflict resolution.

Using MagicEye to Teach the Art of Reframing

(4/23/20)Brendan Schutte

“I have heard of your paintings too, well enough; God has given you one face, and you make yourself another.”

Be Kind

(4/17/20)Janet Mueller

We need to keep in mind that everyone is having a tough time and treat them with kindness.

Interview with Don Saposnek

(4/10/20)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.

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