Center for Conflict Resolution


Mediation Ethics Articles


Mediation Ethics Articles


What Brad Pitt and Angelina Jolie Can Teach Us About the Neutrality of the Mediator

(9/15/20)Hadassah Fidler

Pitt and Jolie's divorce has taken a long time, filed for in 2016, although divorced in 2019 their agreement regarding child custody and financial assets is still ongoing.

Racial Justice Conflict: How “Historical” Racial Symbols Shape Perception, Practices, and Policy

(9/03/20)Judy Rashid

As the world continues to grapple with racial injustice and unrest as masses of people from all ethnicities protest in the streets, this article examines the subliminal influence of historical racial symbols and practices namely, statues and monuments, slave plantation sites and tours, market houses where slaves were sold, and street names that bear the scars of slavery.

Thoughts on Addressing Racial Injustice

(8/28/20)Richard Barbieri, Bernard Mayer, Richard Susskind

This work juxtaposes an announcement by AAA-ICDR with articles that promote dialogue to address racial: 1) Are We Ever Neutral?  Should We Be? 2) Staying with Conflict - Election Edition: A Conflict Practitioner’s Lens on the US Election 3) What's the Right Thing to do When You are Really Angry About What's Happening in America?

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

(8/24/20)Andrea Maia, Gregg Relyea

This article discusses the "Community Spread" of Mediation in a Post COVID-19 World.

Creating a Code of Disclosure for Mediators

(8/18/20)Daniel Rainey

This article argues for the creation of a code of disclosure for mediators, domestically and internationally. Creating a set of categories that constitute an adequate disclosure of process and approach would help parties understand mediation and would be less daunting than trying to create a universal code of conduct or global set of mediation standards.

Comparing Mediation Websites

(8/17/20)Jim Melamed

According to brand new 8/16/2020 data from Alexa.com, Mediate.com is most visited and most linked mediation website, by far!

I am no good at making masks, so how can I pitch in during the pandemic?

(8/14/20)Michael Lang

Is there something more I could do, as part of the human community that might make a difference?

Mediation and Covid19 Share the Same DNA: Liminality and the Adjacent Possible.

(8/14/20)Greg Rooney

The facilitative/ humanistic mediator has a more ambitious goal through the process of containing the parties in a supporting common space until the adjacent door opens to reveal a path forward.

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.

The Complete Seven Keys to Unlock Mediation

(7/01/20)

The complete compilation of all 7 Keys to Unlock Mediation's Golden Age.

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.

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