Mediation Ethics Articles
(1/23/21)Jim Melamed, Forrest (Woody) Mosten
Under the leadership of Forrest (Woody) Mosten, Mediate.com's Online Mediation Training Task Force is tackling a huge issue: "How can the mediation field now and in the future best make and maintain quality mediators?
I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatized by the litigation process to which they had been exposed. Depression, suicidal thoughts, anger, loathing, destroyed relationships, large amounts of money spent with no discernible value.
It struck me that as we start 2021, perhaps it is a good time to “turn over a new leaf” by apologizing for our acts and/or omissions and forgiving others for their acts/omissions committed in 2020.
When talking about domestic violence, you often hear about the cycle of abuse.
Collaboration is an emerging platform for economic success in law.
Because democracy is open, it is vulnerable to demagogues and autocrats; yet because it is open, it is also resilient, able to learn and improve, and responsive to popular wisdom.
(1/05/21)Keshia Osbourne, Bruce Ally
After spending four months and 140 hours of intense theoretical study, I walked away from one of Toronto’s leading Universities with a certificate in Dispute Resolution. This was what happened when I stepped in to the real world.
In his recent book, Online Courts and The Future of Justice, author Richard Susskind posits, “…litigants do not really want courts, judges, lawyers, rules of procedure, and the rest. More likely, they want not to have a problem at all."
This article looks at: What three things have I learned in the last 525,600 minutes?
As mediators, we are hired and trusted to come into a situation and use our best judgment and experience to deliver results in the form of durable negotiated agreements and changed behavior. In rare situations we will encounter abrasive behavior by one or more parties, and in those cases we must be prepared to shift our process to accommodate the landscape and serve the parties in the best way possible.
Biden and Harris won the election, but what exactly did they win? What was lost in the process? And, as mediators and citizens, what do we do next?
This paper helps Conflict Resolution Practitioners update their expertise by summarizing current federal legal guidelines, laws and regulations, and expectations from Public Authorities, during the COVID-19 Pandemic. The paper also reviews the expectations and rights of State Education Agencies, Local Education Agencies, and parents or guardians of children with disabilities during this unprecedented time.
(12/11/20)Thomas Wahlrab, Robert Baruch Bush
Even after the election results are finalized and the new President inaugurated, one thing will remain unresolved – the deep divide within the nation that the campaigns for the presidency confirmed.
Starting with ourselves is the first step to cultural competence.
Republicans and democrats have historically been divided by their strongly held belief systems. In the wake of recent events regarding racial injustice, many republicans and democratic lawmakers have attempted to come together to find common ground on the increasingly important social issue of racial injustice.
This article evaluates the study looking at why intergroup contact occurs; while much research is devoted to the benefits of intergroup contact, the authors here decided to look into why some might avoid intergroup contact, and how we might encourage intergroup contact to then reap those benefits.
The APFM, NAFCM, MBB & ACR have joined Mediate.com's groundbreaking efforts to set America on a better path by sponsoring the "National Mediation Policy Act" (NMPA). The Act declares a national policy favoring voluntary mediation over disputes being litigated, remaining unresolved or resulting in violence.
Civility, respect, understanding, and the willingness to listen. These are core conversational virtues that are universally appreciated.
Both parties must enter a mediation with good faith, meaning that the parties have the sincere intention of trying to find a resolution in the dispute.
Mediate.com is launching a project with mediator-designed resources called Build the Toolbox.
(11/07/20)Ana Gonçalves, Daniel Rainey
This Cyberweek 2020 session describes a suggested Code of Disclosure for Online Mediators to help modernize mediation ethics as we mediate online.
(11/06/20)Jonathan Rodrigues, A. J. Jawad
Globally, as waves of nationalism and existentialism begin to unsettle democratic institutions, as ideologies driven by hatred conspire to digitally divide millions, as 8 billion people are instigated to talk more and listen less – dialogue remains relevant and mediators are valued more than ever.
(10/30/20)Jan Frankel Schau
Family therapists work to create a comfortable, safe space for their clients to express themselves.
Promoting the Mediators Green Pledge is now the purpose of a new WoMACC site. It seems to be one way to commit to our future. I invite you to sign up to the Green Pledge and to promote it to those you know and work with.
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Before the pandemic, losing your internet connectivity was frustrating; now, losing connectivity can truly be detrimental to your health and safety. This article proposes a new model for redress where independent ombudspersons help consumers get fair redress for lost connections, enabling equitable outcomes and leveling the playing field.