Mediation Ethics Section


Mediation Ethics Articles


Peter Huang

Some Timeless Business Wisdom from Peter Drucker and How It Can Help Your Dispute Resolution Efforts

(11/28/16)Peter Huang

Dealing with disputes effectively is indisputably a core skill for any manager.

Sam Imperati

Ironically, Bush and Folger are Evaluative

(11/21/16)Sam Imperati

There is room in our field for a broad spectrum of mediation approaches. We should celebrate innovation and a greater diversity, rather than disparage the methods of others. This article rebuts Bush and Folger’s article: "Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination."

Michelle Brenner

The Power of Context

(11/17/16)Michelle Brenner

The key to cross cultural communication in mediation, is tuning into the dynamic of directional awareness.

Beth Graham

Texas Insurer Abandons Mandatory Mediation-Arbitration Endorsement Proposal

(11/11/16)Beth Graham

The Texas Farm Bureau has reportedly abandoned a proposal that would have allowed insureds to relinquish their right to sue the company in the event of a claim dispute in exchange for a lower homeowners’ policy premium.

Maria Volpe

Mediation in the Future of Policing

(11/08/16)Maria Volpe

The future of policing must incorporate mediation. No other profession places its practitioners more in the middle of challenging situations; police officers are regularly expected to make difficult conversations work on the spot.

Phyllis Pollack

Different Ways of Looking at the Same Thing!

(11/04/16)Phyllis Pollack

Emotions, not logic, control our decision making.

Joshua Neuder

Embracing Imperfection: One Aspect of Eastern Philosophy that Strengthens the Mediator

(11/04/16)Joshua Neuder

As mediators, it is important that we present as professional and competent in our relational expertise with parties.

Arthur Rosenbloom

Mediating Valuation Disputes In Minority Oppression Litigation

(11/03/16)Arthur Rosenbloom

This article describes how the mediator can assess the strengths and weaknesses of each side’s valuation position as well as the disarray in the New York courts in ruling on valuation issues.

F. Peter Phillips

Keynote at Asian Mediation Conference

(10/28/16)F. Peter Phillips

What the West Can Learn from Chinese Mediation by Peter Phillips.

Sandra Untrojb

Mediación Aplicada a la Resolución de Conflictos Surgidos por Cambios de Temperatura Frío y Calor en la Escuela Secundaria

(10/28/16)Sandra Untrojb

El caso de investigación se basa en los problemas que genera el cambio de temperatura según las diferentes estaciones del año en un aula de una escuela secundaria de la Ciudad Autónoma de Buenos Aires.

Brian Jerome

The Attorney, the Client and the Mediator

(10/28/16)Brian Jerome

The success of a mediation is not always told in the settlement agreement. While it’s great to "Get to Yes,” understanding the nuances of getting there so as to repeat the process is, for most, the undiscovered area. Here we will explore the roles and relationships between lawyer, client, and mediator.

Bernard Morrow

The Mindful Mediator

(10/28/16)Bernard Morrow

I have written in the past about how “being present” (or, in the moment) is the single-most important ingredient I bring to a mediation.

Nina Meierding

Looking to the Future: Is There Still A Place For Proactive, Early Intervention Mediation in Our Changing Field?

(10/17/16)Nina Meierding

The author is hopeful that mediators, participants, and attorneys will re-examine the trend of late intervention, lawyer-centric mediation and bring pro-active, early mediation back as one of the important focuses of the mediation field.

Jill Gross

FINRA Dispute Resolution Makes Great Progress on Implementing Task Force Recommendations

(10/14/16)Jill Gross

In December 2015, a FINRA Dispute Resolution Task Force issued its Final Report and Recommendations for improvements to the administration of its forum and its ADR processes.

Robert Benjamin

On Being Too Fussy About Values In Mediation: Consider The Hedgehog And The Fox

(10/10/16)Robert Benjamin

The origins of the mediation profession are anchored in the practical necessity of managing disputes. But mediators, as all human beings, have a need to imbue their work with special meaning--it is part of our evolutionary biology and psychology. Undergirding practice with value structures can be beneficial and give greater focus and depth to our everyday work, but there are risks.

Greg Rooney

Applying Cynefin Complexity Theory to Mediation

(10/08/16)Greg Rooney

Cynefin is a Welsh word that means we are influenced by multiple factors in our environment that we can never fully understand. It is a good way to describe the complex world we are experiencing in this early part of the 21st century.

Joe Markowitz

Voting Against Peace

(10/07/16)Joe Markowitz

On Sunday voters in Colombia surprisingly rejected a peace agreement that took the parties years to negotiate. The agreement would have ended more than 50 years of a civil war that has pitted the government against the rebel FARC army.

Dan Simon

Is the Other Side as Bad as We Think?

(10/07/16)Dan Simon

How can they possibly support ____ for president?!

Beth Graham

Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements

(10/07/16)Beth Graham

Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements.

Jeff Thompson

"Talk to Me" - The NYPD Communication Campaign

(10/03/16)Jeff Thompson

"Talk To Me" is the NYPD's Suicide Prevention & Mental Illness Awareness Campaign. Social media is being used to share crisis communication skills, dispel myths, connect people with services, and more.

Joe Markowitz

Meet and Confer

(10/03/16)Joe Markowitz

For those who still think that litigation must always be conducted in an adversarial manner--that litigants must oppose anything suggested by the other side, and bring every dispute before the court for resolution--consider that the courts are telling you otherwise.

Jan Frankel Schau

Money and Happiness: How Mediation can change your client’s outlook

(9/23/16)Jan Frankel Schau

It seems to me that if the mediator can symbolically suggest that within 30 days, the individual would have $XXXXX in their bank account to do with whatever they wish, including merely keeping it in there as a “safety” precaution if times get rough, we might go a long way towards boosting their happiness quotient.

Roland Chesters

When Does Unconscious Bias Become Discrimination?

(9/23/16)Roland Chesters

Nobody likes to be told they are biased – usually. Most of us would like to think that we are fair and open-minded, willing to explore the unknown – to a degree, accepting of other people’s differences. At least that’s what I used to think.

Meredith Richardson

When Your Game Face Makes You Out of Touch With Your Emotions

(9/16/16)Meredith Richardson

Our game face, or our poker face, is the face we put on for the outside world that masks what is happening for us internally.

Robert Benjamin

The Risks Of Neutrality - Reconsidering The Term And Concept

(9/12/16)Robert Benjamin

As mediators, we seem to be drawn to the word "neutral" as a descriptive term for what we do and as a conceptual frame for our professional role. Beyond the theoretical discussion, however, there are some very practical risks for mediators to consider in continuing to describe themselves as neutrals.

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Mediation Ethics Articles


Peter Huang

Some Timeless Business Wisdom from Peter Drucker and How It Can Help Your Dispute Resolution Efforts

(11/28/16)Peter Huang

Dealing with disputes effectively is indisputably a core skill for any manager.

Sam Imperati

Ironically, Bush and Folger are Evaluative

(11/21/16)Sam Imperati

There is room in our field for a broad spectrum of mediation approaches. We should celebrate innovation and a greater diversity, rather than disparage the methods of others. This article rebuts Bush and Folger’s article: "Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination."

Michelle Brenner

The Power of Context

(11/17/16)Michelle Brenner

The key to cross cultural communication in mediation, is tuning into the dynamic of directional awareness.

Beth Graham

Texas Insurer Abandons Mandatory Mediation-Arbitration Endorsement Proposal

(11/11/16)Beth Graham

The Texas Farm Bureau has reportedly abandoned a proposal that would have allowed insureds to relinquish their right to sue the company in the event of a claim dispute in exchange for a lower homeowners’ policy premium.

Maria Volpe

Mediation in the Future of Policing

(11/08/16)Maria Volpe

The future of policing must incorporate mediation. No other profession places its practitioners more in the middle of challenging situations; police officers are regularly expected to make difficult conversations work on the spot.

Phyllis Pollack

Different Ways of Looking at the Same Thing!

(11/04/16)Phyllis Pollack

Emotions, not logic, control our decision making.

Joshua Neuder

Embracing Imperfection: One Aspect of Eastern Philosophy that Strengthens the Mediator

(11/04/16)Joshua Neuder

As mediators, it is important that we present as professional and competent in our relational expertise with parties.

Arthur Rosenbloom

Mediating Valuation Disputes In Minority Oppression Litigation

(11/03/16)Arthur Rosenbloom

This article describes how the mediator can assess the strengths and weaknesses of each side’s valuation position as well as the disarray in the New York courts in ruling on valuation issues.

F. Peter Phillips

Keynote at Asian Mediation Conference

(10/28/16)F. Peter Phillips

What the West Can Learn from Chinese Mediation by Peter Phillips.

Sandra Untrojb

Mediación Aplicada a la Resolución de Conflictos Surgidos por Cambios de Temperatura Frío y Calor en la Escuela Secundaria

(10/28/16)Sandra Untrojb

El caso de investigación se basa en los problemas que genera el cambio de temperatura según las diferentes estaciones del año en un aula de una escuela secundaria de la Ciudad Autónoma de Buenos Aires.

Brian Jerome

The Attorney, the Client and the Mediator

(10/28/16)Brian Jerome

The success of a mediation is not always told in the settlement agreement. While it’s great to "Get to Yes,” understanding the nuances of getting there so as to repeat the process is, for most, the undiscovered area. Here we will explore the roles and relationships between lawyer, client, and mediator.

Bernard Morrow

The Mindful Mediator

(10/28/16)Bernard Morrow

I have written in the past about how “being present” (or, in the moment) is the single-most important ingredient I bring to a mediation.

Nina Meierding

Looking to the Future: Is There Still A Place For Proactive, Early Intervention Mediation in Our Changing Field?

(10/17/16)Nina Meierding

The author is hopeful that mediators, participants, and attorneys will re-examine the trend of late intervention, lawyer-centric mediation and bring pro-active, early mediation back as one of the important focuses of the mediation field.

Jill Gross

FINRA Dispute Resolution Makes Great Progress on Implementing Task Force Recommendations

(10/14/16)Jill Gross

In December 2015, a FINRA Dispute Resolution Task Force issued its Final Report and Recommendations for improvements to the administration of its forum and its ADR processes.

Robert Benjamin

On Being Too Fussy About Values In Mediation: Consider The Hedgehog And The Fox

(10/10/16)Robert Benjamin

The origins of the mediation profession are anchored in the practical necessity of managing disputes. But mediators, as all human beings, have a need to imbue their work with special meaning--it is part of our evolutionary biology and psychology. Undergirding practice with value structures can be beneficial and give greater focus and depth to our everyday work, but there are risks.

Greg Rooney

Applying Cynefin Complexity Theory to Mediation

(10/08/16)Greg Rooney

Cynefin is a Welsh word that means we are influenced by multiple factors in our environment that we can never fully understand. It is a good way to describe the complex world we are experiencing in this early part of the 21st century.

Joe Markowitz

Voting Against Peace

(10/07/16)Joe Markowitz

On Sunday voters in Colombia surprisingly rejected a peace agreement that took the parties years to negotiate. The agreement would have ended more than 50 years of a civil war that has pitted the government against the rebel FARC army.

Dan Simon

Is the Other Side as Bad as We Think?

(10/07/16)Dan Simon

How can they possibly support ____ for president?!

Beth Graham

Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements

(10/07/16)Beth Graham

Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements.

Jeff Thompson

"Talk to Me" - The NYPD Communication Campaign

(10/03/16)Jeff Thompson

"Talk To Me" is the NYPD's Suicide Prevention & Mental Illness Awareness Campaign. Social media is being used to share crisis communication skills, dispel myths, connect people with services, and more.

Joe Markowitz

Meet and Confer

(10/03/16)Joe Markowitz

For those who still think that litigation must always be conducted in an adversarial manner--that litigants must oppose anything suggested by the other side, and bring every dispute before the court for resolution--consider that the courts are telling you otherwise.

Jan Frankel Schau

Money and Happiness: How Mediation can change your client’s outlook

(9/23/16)Jan Frankel Schau

It seems to me that if the mediator can symbolically suggest that within 30 days, the individual would have $XXXXX in their bank account to do with whatever they wish, including merely keeping it in there as a “safety” precaution if times get rough, we might go a long way towards boosting their happiness quotient.

Roland Chesters

When Does Unconscious Bias Become Discrimination?

(9/23/16)Roland Chesters

Nobody likes to be told they are biased – usually. Most of us would like to think that we are fair and open-minded, willing to explore the unknown – to a degree, accepting of other people’s differences. At least that’s what I used to think.

Meredith Richardson

When Your Game Face Makes You Out of Touch With Your Emotions

(9/16/16)Meredith Richardson

Our game face, or our poker face, is the face we put on for the outside world that masks what is happening for us internally.

Robert Benjamin

The Risks Of Neutrality - Reconsidering The Term And Concept

(9/12/16)Robert Benjamin

As mediators, we seem to be drawn to the word "neutral" as a descriptive term for what we do and as a conceptual frame for our professional role. Beyond the theoretical discussion, however, there are some very practical risks for mediators to consider in continuing to describe themselves as neutrals.

Click here for MORE ARTICLES