Mediation Ethics Articles
(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?
Being open to difficult feedback, even about racism, can help you grow.
(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.
(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.
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.
(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.
Today the mediation field needs to go further. It needs to articulate a new, mature, vision. One that unlocks its Golden Age.
(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 likelihood of conflict and conflicting ideologies makes effective resolution of disputes and the negotiation of sustainable deals crucially important.
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.
(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.
Every officer learns to use violence and the martial arts. How many learn empathy, compassion, and emotional intelligence?
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.
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.
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.
(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.
(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.
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.
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.
Whilst the construction industry worldwide is plagued by disputes, construction disputes in the Middle East have two distinct characteristics.
This was conflict resolution blasphemy.
Impatience can be a big contributor to conflict, and an obstacle to effective conflict resolution.
“I have heard of your paintings too, well enough; God has
given you one face, and you make yourself another.”
We need to keep in mind that everyone is having a tough time and treat them with kindness.
(4/10/20)Donald T. Saposnek
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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.