Center for Conflict Resolution


Mediation Ethics Articles


Mediation Ethics Articles


The Impending Battle for the Soul of Online Dispute Resolution

(11/30/21)Beth Graham

In his journal article, Mr. Tiamiyu examines potential ethical considerations related to emerging online dispute resolution technologies.

Mediate.com Great Reads Book Club - Susan Raines, Workplace Conflict

(11/30/21)Susan Raines

Recording of another episode of Mediate.com's Great Reads Book Club with Prof. Susan Raines talking about the new edition of her book "Conflict Management for Managers: Resolving Workplace, Client and Policy Disputes," hosted by Chidera Didigu.

Mixed Mode Dispute Resolution Papers Featured at Fordham Conference

(11/30/21)Jacqueline Nolan-Haley

This panel had many highlights, including FOI Tom Stipanowich, who coined the term mixed-mode and who now refers to it as “lane-changing.”

Shovel 6 - The Real Role Play

(11/18/21)Paul Rajkowski

There is an old proverb, “The gem cannot be polished without friction, nor man perfected without trial.” Who knows who authored it, what is important is this quote applies to the traditional mediation effort.

Double Hatting In Dispute Resolution

(11/05/21)Mukti Rijal

The term ‘double hatting’ does denote the wearing of two hats by a person signifying that the same person who is appointed as mediator is also agreed to perform the role of an arbitrator in case mediation process fails to help settle the dispute in succession.

Court Ordered Mediation and Informed Consent

(10/22/21)Phyllis Pollack

Standard I of the Model Standards of Conduct for Mediators is entitled "Self-Determination" and admonishes us that "a mediator shall conduct a mediation on the principle of party self-determination."

Mediation and Business Crisis in Italy, 2021. Where's the training?

(10/01/21)Giovanni Matteucci

On August 25, 2021, Law decree 118/2021 came into force concerning the prevention/management of business crisis. A crucial aspect has been neglected, the training in negotiation and mediation techniques.

Forum Video: Final Report of Mediate.com Task Force on Online Mediation

(9/28/21)Forrest (Woody) Mosten, Clare Fowler, Jim Melamed, Colin Rule

This is a 90 minute video from the September 24, 2021 Forum sharing the Final Report of Mediate.com Task Force on Online Mediation. This video features Woody Mosten, Colin Rule, Clare Fowler, Jim Melamed, Tara Ollapally, Bruce Edwards, Donna Silverberg, Susan Guthrie, Angelia Tolbert, Michael Aurit, Tricia Jones, Michael Lang and John Sturrock.

SHOVEL 5 - Whose Fear is it Anyway

(9/22/21)Paul Rajkowski

Somewhere along the mediation trail, process change appeared. This change became a big drift from traditional mediation and led to the shuttle system.

Mediate.com Adopts Online Mediation Practice and Ethical Standards

(9/21/21)Colin Rule, Jim Melamed

One of the Primary Recommendations of the Mediate.com Task Force on Online Mediation is to update mediation practice and ethical standards to fully embrace online mediation. In response, Mediate.com has now formally adopted the Task Force's Recommended Practice Standards for Online Mediation effective January 1. 2022.

Paths Forward for Online Mediation: Final Report of Online Mediation Training Task Force - Introduction

(9/20/21)Jim Melamed, Forrest (Woody) Mosten

Mediate.com’s Online Mediation Training Task Force here presents our Final Report and Recommendations, along with our Committee recommendations and resources, with humility, knowing that the ideas contained herein are intended to stimulate additional and continuing consideration, discussion and research.

Paths Forward for Online Mediation - 8 Primary Recommendations

(9/20/21)Jim Melamed, Forrest (Woody) Mosten

In addition to the many Committee Recommendations, the Task Force’s Executive Committee offers these 8 Primary Task Force Recommendations to support the field of mediation fully embracing online mediation and online mediation training:

Paths Forward for Online Mediation - Index of Resources

(9/20/21)Clare Fowler, Colin Rule

This index of resources is intended to assist readers to conveniently identify and access specific portions of the Mediate.com Online Mediation Task Force Report that are of the greatest interest.

Paths Forward for Online Mediation - Committee Reports, Recommendations & Resources

(9/19/21)Forrest (Woody) Mosten, Jim Melamed

Here are Committee Reports, Recommendations and Resources from the Mediate.com Online Mediation Task Force Final Report.

What Challenges Should the Proposed Mediation Act of India Address?

(9/15/21)Sneha Vardhani

Recently, the Supreme Court of India, admitting that there is ‘a dire need to enact Indian Mediation Act..’ created a Committee to draft a separate legislation for administration of mediation proceedings across the country.

The Civil Rights Act of 1964: The Right to Bilingual Mediation

(9/08/21)Patrick Mastronardo

Providing Florida LEP Individuals Meaningful Access to Mediation: Bilingual Mediator Guidance on Standards of Conduct.

How Do You Define “Ethics?”

(9/07/21)Phyllis Pollack

"For centuries, we have shared common expectations of how we behave ethically in society, based largely on a mutual understanding of the reality in which our decisions play out. These underlying expectations have come to be guided by three pillars."

[Podcast] Where Does the Insurance Industry Sit Now on Racial Issues?

(9/07/21)Rebekah Ratliff

In a recent episode of Insurance Business Talk, JAMS neutral Rebekah Ratliff speaks with host Paul Lucas on her experience as a Black woman in the insurance industry and where the industry is now in terms of issues relating to gender and race.

Making Ethical Decisions

(8/30/21)Phyllis Pollack

Despite the complexity of ethical issues, Ms. Liautaud has formula for making an ethical decision quite simple.

Mediator Ethics: Should You Ask for a Waiver of Liability?

(8/24/21)Bill Quatman

I read a Mediation Agreement that struck me as odd, perhaps unenforceable, maybe even unethical

When the World is Too Much, How to Release Overwhelm with Resonance

(8/20/21)Sarah Peyton

What happens in our brains and bodies when life -- and conflict -- feels like too much for us?

[PODCAST] JAMS Foundation & Hands of Peace: Empowering American, Israeli & Palestinian Youth to Be Peacemakers, Agents of Change

(8/20/21)David Brandon

A podcast from JAMS featuring David Brandon of The JAMS Foundation and Gretchen Grad and Scott Rasmussen of Hands of Peace, discussing Hands of Peace’s work empowering American, Israeli and Palestinian youth to be agents of change in their communities.

ADA Mediation Refresher

(8/19/21)Judith Cohen

I think it might be time for a refresher on ADA Mediation, * a topic I have written and trained on frequently – but not for a while now.

Mediation Advocacy: A must for law students in India

(8/13/21)Shantha Chellappa

“Advocacy is a conscious act of support, expressed by speaking or writing on behalf of another person, an idea, a cause or a policy.”

Book Review of Mediation and Popular Culture by Jennifer L Schulz, (2020)

(8/13/21)Jennifer Schulz, Pat Bragg

What a fun, dense, and important read about mediation!

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