Mediation Ethics Section



Mediation Ethics Articles


Daniel Rainey

Dan Rainey on the Universal Disclosure Protocol for Mediation

(1/18/22)Daniel Rainey

Dan Rainey speaking about the launch of the Universal Disclosure Protocol for Mediation (UDPM).

Bruce Ally

Is the Mandatory Mediation Program in Ontario Still Viable?

(1/17/22)Bruce Ally

When mandatory mediation was introduced in Ontario 27 years ago it was heralded as visionary as it offered many necessary benefits that could not be accommodated at the time, particularly a more efficient legal process. As with any reform, there is the need for revision over time.

Randa M. Trapp

Why Ethics Matter in Mediation

(1/17/22)Randa M. Trapp

Is the legal profession in fact a noble profession?

Colin Rule

Confronting Stigma Around Mental Illness in Mediation

(1/07/22)Colin Rule

This article discusses the impact of stereotyping mental illnesses.

Susan Yates

Eviction Mediation Q&A w/ Christina Wright

(1/07/22)Susan Yates

This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation.

Amanda Rumsey

Conflict Resolution and Religion

(1/01/22)Amanda Rumsey

This article discusses the power of respectful communication and appreciation of different values for working through value-based conflicts. Understanding other people’s personal journeys, which led them to make their religious decisions, can resolve conflict by exposing shared interests.

Paul Rajkowski

Do We Understand Traditional Mediation?

(12/31/21)Paul Rajkowski

It looks like we’re coming to the end of this dig. I can see a part of the canister holding the remains of traditional mediation.

Lorraine Segal

Interviewer or Volunteer? The best mix for difficult conversations

(12/27/21)Lorraine Segal

Are you naturally an interviewer or a volunteer in difficult conversations? A discussion on conflict and conversation styles.

Don Cripe

The Pendulum Has Swung

(12/20/21)Don Cripe

So, what does it mean to the recalcitrant lawyer when it comes to ODR resistance?

Ronald S. Kraybill

Manage Your Storm Shift

(12/06/21)Ronald S. Kraybill

Manage Your Storm Shift - or it will manage you. Does your behavior in conflict change sharply when you get upset?

Beth Graham

The Impending Battle for the Soul of Online Dispute Resolution

(11/30/21)Beth Graham

In his journal article, Mr. Tiamiyu examines potential ethical considerations related to emerging online dispute resolution technologies.

Susan Raines

Mediate.com Great Reads Book Club - Susan Raines, Workplace Conflict

(11/30/21)Susan Raines

Recording of another episode of Mediate.com's Great Reads Book Club with Prof. Susan Raines talking about the new edition of her book "Conflict Management for Managers: Resolving Workplace, Client and Policy Disputes," hosted by Chidera Didigu.

Jacqueline Nolan-Haley

Mixed Mode Dispute Resolution Papers Featured at Fordham Conference

(11/30/21)Jacqueline Nolan-Haley

This panel had many highlights, including FOI Tom Stipanowich, who coined the term mixed-mode and who now refers to it as “lane-changing.”

Paul Rajkowski

Shovel 6 - The Real Role Play

(11/18/21)Paul Rajkowski

There is an old proverb, “The gem cannot be polished without friction, nor man perfected without trial.” Who knows who authored it, what is important is this quote applies to the traditional mediation effort.

Mukti Rijal

Double Hatting In Dispute Resolution

(11/05/21)Mukti Rijal

The term ‘double hatting’ does denote the wearing of two hats by a person signifying that the same person who is appointed as mediator is also agreed to perform the role of an arbitrator in case mediation process fails to help settle the dispute in succession.

Phyllis Pollack

Court Ordered Mediation and Informed Consent

(10/22/21)Phyllis Pollack

Standard I of the Model Standards of Conduct for Mediators is entitled "Self-Determination" and admonishes us that "a mediator shall conduct a mediation on the principle of party self-determination."

Giovanni Matteucci

Mediation and Business Crisis in Italy, 2021. Where's the training?

(10/01/21)Giovanni Matteucci

On August 25, 2021, Law decree 118/2021 came into force concerning the prevention/management of business crisis. A crucial aspect has been neglected, the training in negotiation and mediation techniques.

Forrest (Woody) Mosten

Forum Video: Final Report of Mediate.com Task Force on Online Mediation

(9/28/21)Forrest (Woody) Mosten, Clare Fowler, Jim Melamed, Colin Rule

This is a 90 minute video from the September 24, 2021 Forum sharing the Final Report of Mediate.com Task Force on Online Mediation. This video features Woody Mosten, Colin Rule, Clare Fowler, Jim Melamed, Tara Ollapally, Bruce Edwards, Donna Silverberg, Susan Guthrie, Angelia Tolbert, Michael Aurit, Tricia Jones, Michael Lang and John Sturrock.

Paul Rajkowski

SHOVEL 5 - Whose Fear is it Anyway

(9/22/21)Paul Rajkowski

Somewhere along the mediation trail, process change appeared. This change became a big drift from traditional mediation and led to the shuttle system.

Colin Rule

Mediate.com Adopts Online Mediation Practice and Ethical Standards

(9/21/21)Colin Rule, Jim Melamed

One of the Primary Recommendations of the Mediate.com Task Force on Online Mediation is to update mediation practice and ethical standards to fully embrace online mediation. In response, Mediate.com has now formally adopted the Task Force's Recommended Practice Standards for Online Mediation effective January 1. 2022.

Jim Melamed

Paths Forward for Online Mediation: Final Report of Online Mediation Training Task Force - Introduction

(9/20/21)Jim Melamed, Forrest (Woody) Mosten

Mediate.com’s Online Mediation Training Task Force here presents our Final Report and Recommendations, along with our Committee recommendations and resources, with humility, knowing that the ideas contained herein are intended to stimulate additional and continuing consideration, discussion and research.

Jim Melamed

Paths Forward for Online Mediation - 8 Primary Recommendations

(9/20/21)Jim Melamed, Forrest (Woody) Mosten

In addition to the many Committee Recommendations, the Task Force’s Executive Committee offers these 8 Primary Task Force Recommendations to support the field of mediation fully embracing online mediation and online mediation training:

Clare Fowler

Paths Forward for Online Mediation - Index of Resources

(9/20/21)Clare Fowler, Colin Rule

This index of resources is intended to assist readers to conveniently identify and access specific portions of the Mediate.com Online Mediation Task Force Report that are of the greatest interest.

Forrest (Woody) Mosten

Paths Forward for Online Mediation - Committee Reports, Recommendations & Resources

(9/19/21)Forrest (Woody) Mosten, Jim Melamed

Here are Committee Reports, Recommendations and Resources from the Mediate.com Online Mediation Task Force Final Report.

Sneha Vardhani

What Challenges Should the Proposed Mediation Act of India Address?

(9/15/21)Sneha Vardhani

Recently, the Supreme Court of India, admitting that there is ‘a dire need to enact Indian Mediation Act..’ created a Committee to draft a separate legislation for administration of mediation proceedings across the country.

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