Diversity Articles
(9/17/20)Pitamber Yadav Is mandatory mediation training in India too late?
(9/16/20)Amel Ketani The purpose of this paper is to consider how it is possible to improve the current mediation training in England and Wales.
(9/15/20)John Sturrock They said it couldn’t be done. I said it couldn’t be done. Six months ago, this would have been unthinkable.
(9/15/20)Tony Guise Examines the outcome of the CJEU’s decision known as Schrems II from the perspective of mediation service providers and mediators. Proposes practical steps in which the results of Schrems II may be addressed. Reviews the emerging responses of Data Protection Authorities in Europe and the USA.
(9/14/20)Simon Boehme ODR is More Than Zoom
(9/11/20)Laura Athens Numerous federal and state laws prohibit gender discrimination and harassment in the workplace.
Under Title VII of the Civil Rights Act of 1964 and state antidiscrimination statutes, an employer must not impose adverse employment actions or otherwise discriminate against individuals based on gender.
(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.
(8/31/20)Kenneth Cloke In the US, and in different ways in countries around the world, we are now facing five, and perhaps six significant crises, each with its own distinct set of conflicts.
(8/29/20)NAFCM, D.G. Mawn The National Association for Community Mediation discusses the importance of having a vulnerable vision, and standing up for it.
(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?
(8/24/20)Andrea Maia, Gregg Relyea This article discusses the "Community Spread" of Mediation in a Post COVID-19 World.
(8/18/20)Claire King In light of the International Council for Commercial Arbitration's recently published “Report of the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings”, and the concerted effort by the international arbitral community to encourage the appointment of more female arbitrators, this article discusses the further steps that can be taken to improve gender diversity in arbitral tribunal appointments.
(8/13/20)Pragya Sharma, Muskan Yadav This article follows the history of mediation and how that foundation relates to its current state.
(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?
(7/28/20)Homer LaRue Homer LaRue discusses his concerns of mediators not getting into the field because of the credentialing process, specifically persons of color not getting into the field, and bridging the gap between mediators of color and the "high-volume, high-quality case users".
(7/28/20)Lorraine Segal Being open to difficult feedback, even about racism, can help you grow.
(7/27/20)Adedoyin Rhodes-Vivour Arbitral Community Mobilizes to Adapt to the COVID-19 Crisis through Increased Use of Electronic Proceedings
(7/25/20)Uma Ramanathan Conflict is inherent and pulsating in every situation or aspect of life.
(7/22/20)Bruce E. Meyerson The Foundation’s 2020 funding cycle is intended to make contributions in two important areas: 1) making ADR processes more accessible and available; and 2) creating innovative ways to engage citizens in meaningful dialogue with one another and/or with government authorities, including the police, to address long-standing racial discrimination.
(7/20/20)John Brand This article discusses professionalism and the need to modernize our mediation culture.
(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.
(7/16/20)Heather Kennedy This paper discusses the emphasis of Alternate Dispute Resolution in the field of ADA and Disability Discrimination and then provides a more detailed review of recent Title I and Title III cases.
(7/15/20)Nina Meierding Nina Meierding explains putting theory to practice regarding studies of gender and culture in mediation. She describes being sensitive and respectful of diverse thought processes and communication methods.
(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.
(7/15/20)Jeremy Lack, Ana Gonçalves, Daniel Rainey Online Dispute Resolution (“ODR”) is now universal, especially since the Coronavirus pandemic began.
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