Mediation Ethics Section



Mediation Ethics Articles


Sarah Ater

Pacesetting in Mediation

(12/06/19)Sarah Ater

This article encourages mediators with different levels of experience to work together. It uses the analogy of pacesetters in a marathon to show how mediators can support and challenge each other leading to growth and improvement in the mediation profession

Stephen Kotev

ACR Taskforce on Safety: Recommended Guidelines -- Final Part 3 in Series

(11/22/19)Stephen Kotev

The Association for Conflict Resolution (ACR) Taskforce on Safety in Alternative Dispute Resolution (ADR) has drafted the ADR Safety Planning to promote the safety of practitioners and participants in ADR processes. This is part 3 in the series--discussing what mediators can do in cases of extreme violence.

Emma Hartman

Food Demonstrator Provider to Pay $2.65 Million to Settle EEOC Disability Suit

(11/22/19)Emma Hartman

In cases where discrimination has occurred, mediation becomes trickier and sometimes it seems the only way to bring reconciliation is through a trial.

Ronald S. Kraybill

Worry About Hornets

(11/08/19)Ronald S. Kraybill

On September 11, 2019, President Trump warned about what America would do if attacked again.

Phyllis Pollack

Have Faith in Another’s Honesty!

(11/08/19)Phyllis Pollack

In any given mediation, I am often asked whether I think the other party is telling the “truth”, can she be “trusted”?

Greg Rooney

Mediation and the Principle of Emergence

(11/08/19)Greg Rooney

Charlie Irvine in his recent Kluwer blog (Mediation Values: Still Searching) suggested it is our values that determine what we do or say in a mediation rather than any techniques we learn as mediators.

Stephen Kotev

ACR Taskforce on Safety: Recommended Guidelines -- Part 1 in Series

(11/07/19)Stephen Kotev

The Association for Conflict Resolution (ACR) Taskforce on Safety in Alternative Dispute Resolution (ADR) has drafted the ADR Safety Planning to promote the safety of practitioners and participants in ADR processes. This is part 1 in the series--discussing the ideology and process approach of the Taskforce.

F. Peter Phillips

Arbitration Jurisprudence Takes Strange Turn

(10/25/19)F. Peter Phillips

The twisted course of arbitration jurisprudence in New Jersey has taken yet another peculiar detour.

Nicole Wilmet

California’s Yolo Superior Court Launches New Online Dispute Resolution Program

(10/25/19)Nicole Wilmet

California’s Yolo County Superior Court has launched a new online dispute resolution (ODR) program to resolve debt and money due cases.

Arran Heal

Can We Ever Deal With Unconscious Bias?

(10/25/19)Arran Heal

Having mature, self-aware conversations takes a good level of skills – what we call Conversational Intelligence.

New California Law Prohibits Pre-Dispute Employment Arbitration Agreements

(10/18/19)Andrew Garcia

California last week enacted a new law that prohibits employers from requiring job applicants, or any existing employee, to enter into pre-dispute arbitration agreements as a condition of employment.

Cinnie Noble

Message Gleaned About Conflict From a Tweet

(10/11/19)Cinnie Noble

A few months ago, I posted a quote on Twitter that a colleague sent me because she thought I’d like it. And I do.

Kayla Matthews

7 Benefits of Mediation Programs in Higher Education Institutions

(10/10/19)Kayla Matthews

There are many forms of mediation and environments in which they occur, but a place that proves extremely beneficial for mediation takes place in an educational setting.

Ronald S. Kraybill

Transforming the Healer-I

(10/04/19)Ronald S. Kraybill

How can we assist the healing of a broken world when we ourselves are far from healed?

Susan Raines

What I Wished I Had Known: Lessons from Mediation and Life

(10/03/19)Susan Raines

After more than 16,500 mediations inside and outside of the court system, dozens of organizational interventions, executive coaching, and overall collaborative problem solving, I have learned some hard lessons about what works and what doesn’t.

Noah Shaw

The Roots of Intolerance and Opposition to Compromise: The Effects of Absolutism on Political Attitudes

(10/01/19)Noah Shaw

With increasing political polarization in the United States, political absolutists are halting the practice of compromise and collaboration for their Congressional representatives.

Steven Goldman

Why Mediation, Why Me?

(9/30/19)Steven Goldman

Why should I choose mediation to deal with conflict?

Sandeep Bhalothia

Mediation in Domestic Violence Case: Whether to Use or Not to Use? – An Indian Perspective

(9/21/19)Sandeep Bhalothia

In this article, I aim to identify two opposite interests associated with the settlement of domestic violence cases, and look at the Indian law to see how those two interests are equitably balanced, therefore, providing a recommended way forward, not necessarily a perfect one, to handle cases related to domestic violence.

Phyllis Pollack

Culture Differences

(9/20/19)Phyllis Pollack

During a recent discussion of ethics, I asked whether it would be proper to hide information.

Bruce Edwards

A Dent in the Universe

(9/16/19)Bruce Edwards

What have we learned from the mediators working tirelessly to promote the institutional and cultural changes necessary to implement mediation within their home countries?

Beth Graham

Pouring a Little Psychological Cold Water on ODR

(9/12/19)Beth Graham

In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”).

Hiro Aragaki

The African Promise

(9/12/19)Hiro Aragaki

Diversity in ADR is an important topic of late.

Arran Heal

How to Really Stop Discrimination by Class

(9/12/19)Arran Heal

Discrimination is a tightening net of issues and demands around HR.

Jonathan Rodrigues

India’s Internet Citizens Can Finally Settle Online!

(9/07/19)Jonathan Rodrigues

This millennial generation demands quick, accessible and tech-ridden supply of solutions to all its needs. How, then, does this generation remain indifferent and accommodating of the traditionally inefficient court system?

Jacqueline Burnett-Brown

Minding Your Tongue: How to Recover from a Slip and Fail

(9/06/19)Jacqueline Burnett-Brown

Whether it is a minor slip of the tongue or an entire foot in the mouth, either can lead to some uncomfortable moments followed by the instinct to explain what was “really meant.”

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