Diversity Section


Diversity Articles


Phyllis Pollack

Implicit Bias in Judging!

(7/24/21)Phyllis Pollack

Recently, I attended a Zoom presentation sponsored by the American Jewish Committee San Francisco entitled, “Judging Implicit Bias: The Role of Implicit Bias in Judicial Decision-making.”

Southern Maryland CMC’s Support Conversations on Race and Privilege

(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.

Mylene Chan

UN Insolvency Work Finds Help with Mediation

(7/23/21)Mylene Chan

The United Nations Commission on International Trade Law adopted a simplified insolvency regime that recommends mediation to resolve disputes between financial sector creditors and small debtors during its 54th Session.

Janet Chance

Who Should You Call When in Conflict?

(7/21/21)Janet Chance

Conflict Coaching, Conflict Consulting, Counseling or Mediation, what is the difference?

Cinnie Noble

What I Learned About Conflict from Cheetahs

(7/17/21)Cinnie Noble

In the middle of the desert and savannahs, and in big and small cities – far from home – it feels we are defined only by our presence in the moment.

Immigration and Conflict Resolution

(7/17/21)Yuli Martinez

This article examines this author's perspective on immigration from a conflict resolution perspective.

Ronald S. Kraybill

Things fall apart. How to respond?

(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. 

Kathleen Kauth

Definition of Transparent

(7/12/21)Kathleen Kauth

A successful leader will be able to strategically provide information to staff to help them fill in the blanks about changes occurring in the business world.  

Charlie Young

Confirmation Bias: Something Mediators Need to Appreciate

(7/08/21)Charlie Young

As far as I can tell, much of the research on how neural functions affect mediation has been done in the last 20 years.

Elise Groulx

Mediation in the Field of Business and Human Rights

(7/08/21)Elise Groulx

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).

Kenneth Cloke

Insurrection, Demagoguery, and the Mediation of Political Conflicts

(7/06/21)Kenneth Cloke

Following the “insurrection,” “putsch,” or “attempted coup” in Washington D.C., on January 6, 2021, and the subsequent acquittal of President Trump on impeachment charges, we find ourselves facing extremely significant and difficult, yet very different political conflicts and challenges from those we faced before.

Jennifer Shack

For Family Cases Involving Reports of Intimate Partner Violence, Shuttle and Videoconference Mediation Are Safe, Effective and Preferred by Parents

(7/06/21)Jennifer Shack

In a randomized controlled trial of family cases involving parents reporting high levels of intimate partner violence (IPV), parents felt safer in and were more satisfied with shuttle and videoconference mediation than litigation.

Charles Crumpton

An Affirmative Higher Social Responsibility Duty to Serve Systemic Social Change through System Design

(7/06/21)Charles Crumpton

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.”

Cinnie Noble

Do You Model Conflict Competence?

(7/02/21)Cinnie Noble

“Setting an example is not the main means of influencing others; it is the only means.” ~Albert Einstein

Katherine Graham

Stress, Depression, and Heart Attacks: What Poor Management Does to Employee Health

(7/02/21)Katherine Graham

We know a toxic culture in the workplace is bad for morale, engagement, and performance. New research evidence suggests the human costs can be far more serious.

Lydia Ray

Battling Burnout: Mental Health and Self-Care in Mediation

(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?

Lorraine Segal

How Bystanders Can Stop Gossip

(6/25/21)Lorraine Segal

Bystanders can stand up and stop workplace gossip.

Kathleen Kauth

Conflict in the Helping Professions

(6/25/21)Kathleen Kauth

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.

Mark Smalls

[Podcast] Being Bold: Broadening the ADR Diversity and Inclusion Landscape

(6/25/21)Mark Smalls

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).

Areta Marshall

Mediation as a Therapeutic Intervention in the Streets of Toronto

(6/25/21)Areta Marshall

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.

Jen Schimbeno

Co-Parenting Online Course – How to Not Put Your Kids in the Middle of Your Divorce

(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.

Kenneth Cloke

Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice

(6/16/21)Kenneth Cloke

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.

Heather Kennedy

5 Ways Conflict Resolution Practitioners Can Prevent and Resolve Special Education Conflict During the Pandemic

(6/16/21)Heather Kennedy

The current pandemic has created a crucial need for those experienced in conflict resolution practices to prevent and resolve conflict in the education of students with disabilities. Public agencies, schools, and families should utilize those trained in conflict resolution, including mediators, negotiators, and advocates, to combat this crisis and lessen adverse outcomes for those involved.

Keshia Osbourne

Validating Medical Claims: do you get true value for your contributions?

(6/16/21)Keshia Osbourne, Bruce Ally

Anyone who’s employment situation offers them extended health is often under the mistaken notion that their policy will be triggered should a medical need arise.

John Lande

Proposal for Standard Explanation in Mediation

(6/11/21)John Lande

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.

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