Mediation Ethics Section



Mediation Ethics Articles


Jim Melamed

April 23 Forum on the Global Growth of Mediation

(4/19/21)Jim Melamed, Forrest (Woody) Mosten

How do we best support the growth of mediation around the world?  This Forum will share the perspectives of panelists from Nigeria, Argentina, Russia and India to compare and contrast the experiences of online mediation and training in developing mediation cultures. 

Larry Susskind

Preparing the Next Generation of Professors of Environmental Studies

(4/16/21)Larry Susskind

This article identifies four approaches to environmental policy-making or problem-solving.

Jakob Vinther

The History of Mediation and Why It Is Still in Use Today

(4/16/21)Jakob Vinther, Thomas Todd

To understand mediation, you must examine the reason behind having a mediator.

Kenneth Cloke

20 Ways to Improve UNFCCC Meetings and Climate Change Negotiations

(4/02/21)Kenneth Cloke

In preparation for the next international meeting on climate change in Glasgow in November 2021, it is important to begin thinking together, not only about outcomes, but ways of improving the process of meeting, discussing, and negotiating agreements on climate change.

Elle Rave

The Muddy Time

(4/01/21)Elle Rave

Some of us call it the muddy time. It’s the time in between the decision to divorce and when the actual divorce is made final.

Minson Vo

A Short Story: How My Friend Destroyed Their Bullies

(3/25/21)Minson Vo

When a friend told me how he overcame a bully, my curiosity peaked, and I asked him to show me how he defused a situation like that.

Daniel Dana

Peace is Possible

(3/19/21)Daniel Dana

This is a haiku supporting the workers in Hungary as they work toward establishing peace.

Martin Rosenfeld

ADR Principles and Clergy-Congregation Relations

(3/19/21)Martin Rosenfeld

It is likely that a large majority of clergy who serve congregations are hired, re-hired or terminated by the vote of the individual congregation.

Kathleen Kauth

Managing Expectations to Avoid Conflict

(3/19/21)Kathleen Kauth

Expectations are part of living as a human being. If we are in a relationship, we expect to be treated a certain way.

Frank Burke

Temporary or Partial Impracticability and Frustration of Purpose and Pandemic Affected Contracts and Leases

(3/19/21)Frank Burke

When the circumstances giving rise to the impracticality or frustration cease to exist, then Section 269 affords a party a reasonable time to resume performance.

Forrest (Woody) Mosten

Mediate.com Announces 5 Online Mediation Training Forums

(3/16/21)Forrest (Woody) Mosten, Jim Melamed

Forrest (Woody) Mosten, Task Force Chair, and Jim Melamed, Mediate.com Board Chair, invite you to participate in five (5) open Forums seeking to further Online Mediation Training. See the Forum Schedule and Register!

Colin Rule

Evolution of the Mediation Field: Monthly Conversation Series with Field Leaders

(3/10/21)Colin Rule

As an ongoing Mediate.com Premium Membership benefit, Mediate is now hosting, on a monthly basis, an ongoing series of live online conversations with top mediators and conflict resolvers from around the world.  Here is detailed description of the first 9 live conversations.

Bhavya Mahajan

Mediating Workplace Sexual Harassment: The Road Less Taken

(3/08/21)Bhavya Mahajan

This piece on mediating workplace sexual harassment cases provides an overview of what the mediation process would entail, the advantages of mediating such cases, and a brief discussion about the Indian perspective as regards workplace sexual harassment.

Veera Mahajan

Domestic Harmony For Better Future Of Our Children

(3/08/21)Veera Mahajan

I remember standing by the wall with my brothers and crying while my father was beating my mother.

CPRAM21: Committing to More Diversity in ADR

(3/05/21)Amy Foust

If you missed the 2021 CPR Annual Meeting in January—the first free public meeting held online in the organization’s 40-year history—the videos are being posted on CPR’s YouTube Channel.

Richard Birke

[NAWJ Podcast] Technology in the Courts and in ADR: Meeting the Moment

(2/26/21)Richard Birke

JAMS has developed a multi-pronged strategy to offer virtual ADR to its clients.

Colm Brannigan

The Ten or Twelve Top Reasons (More or Less) for Not Mediating a Dispute - Revisited

(2/11/21)Colm Brannigan

At the beginning of a new year, it seems a good time to look back on some of the common excuses, sorry, reasons, for refusing to mediate that occasionally continue to circulate especially in litigated cases.

Kathleen Kauth

Start with the Small Rocks

(2/05/21)Kathleen Kauth

In Stephen Covey's book "First Things First" he talks about looking at a jar as the amount of time and energy you have, and a pile of rocks as your tasks.

Sunny Sassaman

The Opportunity of Rejection

(2/05/21)Sunny Sassaman

Fear of rejection can inhibit ones possibilities to reach full potential in life and in the mediation room. Based on an experiment of actively seeking rejection, what can a mediator learn from the connection between conflict and rejection?

Phyllis Pollack

An Ethical Dilemma: What To Do?

(2/02/21)Phyllis Pollack

Teaching mediation ethics has its good points and bad points.

Nina Meierding

Mediate.com Instructor Discusses Implicit Bias: We All Have It

(1/27/21)Nina Meierding

Nina Meierding discusses her training on implicit bias, and what we can do to become "bias aware."

Jim Melamed

How Can We Best Make and Maintain Quality Mediators?

(1/23/21)Jim Melamed, Forrest (Woody) Mosten

Under the leadership of Forrest (Woody) Mosten, Mediate.com's Online Mediation Training Task Force is tackling a huge issue: "How can the mediation field now and in the future best make and maintain quality mediators?

John Sturrock

Recognizing Trauma: Litigation and Politics are Harming Us

(1/22/21)John Sturrock

I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatized by the litigation process to which they had been exposed. Depression, suicidal thoughts, anger, loathing, destroyed relationships, large amounts of money spent with no discernible value.

Phyllis Pollack

Start 2021 with Apology and Forgiveness!

(1/22/21)Phyllis Pollack

It struck me that as we start 2021, perhaps it is a good time to “turn over a new leaf” by apologizing for our acts and/or omissions and forgiving others for their acts/omissions committed in 2020.

Kathleen Kauth

Cyclical Nature of Interpersonal Conflict

(1/22/21)Kathleen Kauth

When talking about domestic violence, you often hear about the cycle of abuse.

Click here for MORE ARTICLES