Mediation Ethics Section



Mediation Ethics Articles


Bernard Morrow

Joint Session: A Tale of Two Mediations

(9/14/17)Bernard Morrow

I share a tale of two wrongful dismissal mediations conducted weeks’ apart.

Tammy Lenski

Join the Resistance

(9/08/17)Tammy Lenski

When we notice resistance, a typical response is to try persuading them out of their resistance.

Leah Wing

Ethical Principles for Online Dispute Resolution: A GPS Device for the Field

(9/07/17)Leah Wing

The disruptive force of technology has led to innovative dispute resolution practices that increase access to justice and also raise new ethical considerations.

Todd Jarvis

Spirit of Dialogue - Book Review

(9/06/17)Todd Jarvis, Aaron Wolf

This is a book review by Todd Jarvis of The Spirit of Dialogue: Lessons from Faith Traditions in Transforming Conflict by Aaron Wolf.

Meriam Al-Rashid

Arbitration: Third Party Funding Developments in Asia

(9/01/17)Meriam Al-Rashid, Diora Ziyaeva

As practitioners and clients alike are well aware, international arbitration is not without its risks.

John Lande

Dealing with Causes as Well as Symptoms of Law Students' and Lawyers' Lack of Well-Being

(8/25/17)John Lande

The National Task Force on Lawyer Well-Being just issued its report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.

Phyllis Pollack

Commenting on Tentative Recommendation

(8/21/17)Phyllis Pollack

On June 22, 2017, the California Law Revision Commission issued its Tentative Recommendation following its study to create an exception to mediation confidentiality (Study K-402).

Dan Berstein

How to Talk About Mental Health Without Offending Everyone - TEDx

(8/11/17)Dan Berstein

Mediator Dan Berstein shares his journey to being open with his bipolar disorder, and how conflict resolution skills can help us overcome barriers to having conversations about mental health. In this profound story, learn how to get past the assumptions, paternalism, and stigma to make room for the other person's story and connect.

Steven Goldman

Formula for Success

(8/03/17)Steven Goldman

This article deals with a formula for success in mediating and fostering positive interactions and outcomes: C + S + T – AR = SI, collaboration, plus synergy, plus teamwork, minus adversarial relationships, equals successful interactions.

Jeff Thompson

Bill Richardson: America’s hostage negotiation strategy is broken

(7/28/17)Jeff Thompson

"The blame is theirs. The lesson for us is that America’s hostage negotiation strategy is broken."

Joy Rosenthal

Why Do I Love What I Do?

(7/21/17)Joy Rosenthal

We transition from the family we were born into to the ones we create.

Shelby Hockaday

Serious Gaming in Water

(7/21/17)Shelby Hockaday, Todd Jarvis, Fatima Taha

This paper discusses the use of serious gaming as a method for water resource conflict-negotiation.

Jeff Kichaven

A California Correction? Legislature Will Consider Allowing Attorney Malpractice Proof from Mediation

(7/20/17)Jeff Kichaven

The evidence is in. After 43 years of federal practice under Rule 408 of the Federal Rules of Evidence (1975); 19 years of New York practice under CPLR 4547 (1998); and 16 years of practice in various states under the Uniform Mediation Act (2001), we can conclude: Statutory confidentiality is not necessary for effective mediation.

Ron Kelly

California Mediation Confidentiality Will End, Unless…

(7/14/17)Ron Kelly

Mediation confidentiality in California will end on January 1, 2019...unless YOU take action now.

Phyllis Pollack

If Only…?

(7/14/17)Phyllis Pollack

Have you ever asked yourself, “What if I had taken a different route? Then I would not have been involved in the auto accident?”

Patricia Porter

When Change Happens: Embracing The End First Before Starting Anew

(7/07/17)Patricia Porter

When a significant change in our life suddenly occurs, we experience a jolt. What’s going to happen next?

Phyllis Pollack

The CLRC’s Tentative Recommendation on Mediation Confidentiality!

(7/07/17)Phyllis Pollack

If passed by the legislature, new Evidence Code section 1120.5 would allow parties to pursue claims against counsel for “legal malpractice” occurring in a mediation context.

Jennifer Shack

Conscious and Unconscious Thinking in Mediators

(7/07/17)Jennifer Shack

The mediation field now has more information in our push to unlock the black box of mediation.

Bernard Morrow

Reality Testing: The Right Dose at the Right Time

(7/07/17)Bernard Morrow

No one begins a dispute thinking they might be wrong.

Bruce Edwards

The ADR Imperative to Ensure Access to Justice

(7/07/17)Bruce Edwards

On July 6, 2017 a diverse group from the dispute resolution community—lawyers, judges, academics, arbitrators, mediators, policy makers, among others—gathered in London for the latest event in the Global Pound Conferences Series.

Peter Huang

California Supreme Court Sets Up Showdown at U.S. Supreme Court over Arbitration Agreements

(7/06/17)Peter Huang

This article analyzes an important recent California case related to arbitration agreements and waivers.

John Sturrock

Did They Teach You This In Law School?

(6/30/17)John Sturrock

I recently attended the annual American Bar Association Dispute Resolution conference in San Francisco. Several themes emerged (for me) as fairly critical for modern lawyers. Here’s a top ten.

Martin Svatos

WIN-WIN in Practice: Mediation Helping with Sports Disputes and Sports Disputes Helping Mediation

(6/30/17)Martin Svatos

Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about.

Michael Toebe

Mediating Disputes for Effective Healthcare Relationship Firefighting

(6/30/17)Michael Toebe

The practice of healthcare is demanding and stressful. Conflicts materialize in most human interactions and the medical field is no different. Actually, it might be expected. Yet there is a solution.

Jen Reynolds

Where are we Going?

(6/16/17)Jen Reynolds

This article gives an excerpt from Tom Stipanowich's reflections on the mediation field.

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