Mediation Ethics Articles
Earlier this month, the United Nations Commission on International Trade Law adopted the UNCITRAL Mediation Rules, the UNCITRAL Notes on Mediation, and the Guide to Enactment and Use of the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation.
“Once a wound has healed, it cannot bleed again.”
(7/23/21)Dusty and Vicky Rhoades, Dan Simon
Constructive dialogue is essential in our world today, and indeed, transformative. It has the ability to open our eyes to the pain of others as well as our own.
This article examines this author's perspective on immigration from a conflict resolution perspective.
(7/12/21)Ronald S. Kraybill
Like it or not, there’s no going back to the old ways of leading and managing. We must expand the skill set of leaders at all levels.
As far as I can tell, much of the research on how neural functions affect mediation has been done in the last 20 years.
Mediation in the field of business and human rights to help resolve a conflict between stakeholders/workers upstream a global supply chain and corporate actors in South East Asia with the full participation of civil society (NGOs national and international).
This article reflects on a panel discussion that took place on April 14, 2021, as part of the ABA Dispute Resolution Section Virtual Spring Conference, titled "Dispute Resolution Pandemic Pivot: Systems Design for Socioeconomic Inequality issues.”
(7/05/21)ADA Mediation Guidelines Work Group
The ADA Mediation Guidelines for mediation providers are the product of a national Work Group convened to develop mediation practice Guidelines unique to conflicts arising under the Americans with Disabilities Act
(6/27/21)Lydia Ray, Jonathan Rodrigues
Individuals sinking in personal or professional problems may turn to a mediator; Businesses troubled with contractual and commercial disputes may appoint a mediator; Nation-states imploding in racial or communal tension may call on a mediator – and after all this giving, who does the Mediator call on in times of need?
The article suggests that there is little formal training for mediators, especially volunteer mediators who may co mediate with many different partners to work effectively together, and makes some simple and concrete suggestions for ways to remedy this.
There is often an assumption that someone who works in a helping profession such as healthcare, senior living, social worker, schools etc. are kind and generous people who completely live up to the mission and values that the organization promotes.
A podcast produced by the American Bar Association features JAMS Senior Vice President & Chief Marketing Officer Mark Smalls on diversity, equity and inclusion (DEI) in alternative dispute resolution (ADR).
When I saw an accident, my brain turned to mediation mode, to me this was essentially setting the stage for a mediation and being in control of how the situation unravels.
The term “Mentor” been commonly used to include guide, champion, teacher, supervisor. Today because we inherited many traditions of mentoring practices, we continue to use the term broadly while also attempting to give it somewhat more definition in terms of mediation and related professional practices.
It has been exactly ten years since Ellen Waldman’s masterpiece ‘Mediation Ethics’ was first published. It was aptly described as ‘a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making.’
(6/18/21)Jen Schimbeno, Brandyn Roark Caires
The ACE’s (Adverse Childhood Experiences) ACE’s study, is one of the largest studies about traumatic events in the lives of children ages 0-17. This study identifies three types of risk factors for trauma in children: abuse, neglect and household dysfunction.
As a society, we have not resolved many enduring disputes, or convinced each other, or even discussed them intelligently, but ended up instead screaming at one another, clashing violently, and being prepared to manipulate, and even jettison the entire democratic process if it doesn’t back the candidates and policies we support.
The Online Mediation Marketing Committee considered the following issues: 1) What resources, resource center(s) and organizational support will best support the elevation, acceptance and use of online mediation training and online mediation services; 2) How can mediation providers and policy organizations best support the expansion of online mediation providers; 3) How can mediators and other professionals best support the expansion of online mediation; and 4) What are the best new opportunities for expanding the application of mediation and online mediation services?
Since writing my recent short article, Courts Should Make Mediations Good Samaritans Not Frankensteins, I have been thinking about how to maximize the substantial benefits of court-connected mediation while minimizing the risks of coercion.
The Four Agreements is based on ancient Toltec wisdom which is said to embody the essential unity of truth and described as a way of life. I believe that if we adopt these Four Agreements they will create enough personal power to change the way we mediate and resolve conflict, leading to better and more satisfying settlements.
Mediate.com has been around for over 25 years! During this time we have published thousands of articles, and watched the mediation field grow in numerous unforeseen ways. We have also seen certain mediation standards change and improve.
I recently came across a 2019 book about poker that has given me new insights into how I can help parties make good decisions in mediation
(6/04/21)Maria Apostolidou, Melanie Koch
What do you think? Should there be quotas for training courses, universities, or even mediation sessions?
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Miles Davis once said, “If you understood everything I said, you’d be me.”