Center for Conflict Resolution


Mediation Ethics Articles


Mediation Ethics Articles


How to Bring Civility to Political Arguments

(11/12/20)Kwame Christian

Civility, respect, understanding, and the willingness to listen. These are core conversational virtues that are universally appreciated.

Good Faith in Mediation

(11/11/20)Marian Grande

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.

Build the Toolbox

(11/10/20)Clare Fowler

Mediate.com is launching a project with mediator-designed resources called Build the Toolbox.

Cyberweek 2020: Creating a Code of Disclosure for Online Mediators

(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.

Should a Mediator Make a Political Perspective Public?

(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.

Should Lawyers and Mediators also Play the Role of Therapists?

(10/30/20)Jan Frankel Schau

Family therapists work to create a comfortable, safe space for their clients to express themselves.

Mediators Green Pledge

(10/19/20)John Sturrock

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.

Envisioning Online Dispute Resolution (ODR) for Internet Service Provider Outages

(10/15/20)Josh Srago

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.

A Beginners Guide to Mediation - If you Aren't Doing Empathy or Curiosity, You Probably Aren't Mediating ...

(10/09/20)Michael Jacobs

Learning to mediate has been likened to learning to speak another language. Personally, I think it’s more difficult than that.

Creating Accessible Mediation

(10/09/20)Heather Kennedy

This paper summarizes legal and ethical reasons for accessible meditations and provides a summary of how to accomplish this goal.

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.

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