Center for Conflict Resolution


Mediation Ethics Articles


Mediation Ethics Articles


How Can We Best Make and Maintain Quality Mediators?

(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?

Recognizing Trauma: Litigation and Politics are Harming Us

(1/22/21)John Sturrock

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.

Start 2021 with Apology and Forgiveness!

(1/22/21)Phyllis Pollack

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.

Cyclical Nature of Interpersonal Conflict

(1/22/21)Kathleen Kauth

When talking about domestic violence, you often hear about the cycle of abuse.

Radical Collaboration

(1/21/21)Larry Bridgesmith

Collaboration is an emerging platform for economic success in law.

10 Actions We Can Take to Turn Adversarial, Autocratic, Power-Based Political Conflicts into Collaborative, Democratic, Interest-Based Social Problem Solving

(1/08/21)Kenneth Cloke

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.

Theory vs. Reality: Where the Rubber Hits the Road

(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.

Is My Bias Showing?

(12/27/20)Don Cripe

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."

Reflections on the last 525,600 minutes!

(12/22/20)Phyllis Pollack

This article looks at: What three things have I learned in the last 525,600 minutes?

What to Do When Abrasive Behavior Disrupts Your Mediation Process

(12/18/20)Mark Baril

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.

The 2020 Elections, Mediation, and the Political Divide -- What Next?

(12/14/20)Kenneth Cloke

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?

Special Education In a Pandemic: A Legal and Guideline Summary for Mediators and Conflict Resolution Practitioners

(12/11/20)Heather Kennedy

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.

Healing and Civility – What Mediation can Teach Us About Bridging Social Divides

(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.

Mediating with Cultural Competence

(12/07/20)Lisa Derr

Starting with ourselves is the first step to cultural competence.

Bridging the Gap Between Us

(12/07/20)Maria Shanks

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.

Research Looks at Meaningful Ways to Promote Intergroup Contact

(12/04/20)Natalie Davis

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.

APFM, NAFCM, MBB & ACR Co-Sponsor National Mediation Policy Act!

(11/30/20)Mediate.com

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.

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.

Click here for MORE ARTICLES


 

This site managed with Dynamic Website Technology from Mediate.com
Products and Services