Mediation Ethics Articles
(5/22/18)David Larson, Lainey Feingold
The promise of online dispute resolution (ODR) depends on accessibility.
Although our digital devices have certainly made life more convenient, they’ve also made it more fast-paced.
It may come as a surprise that online dispute resolution has been around for more than twenty years.
As I write these words, a meeting is being organized in Singapore between the US and North Korea, and it is worth reflecting for a moment on how it happened that the world suddenly changed.
A client of mine had a resentment relapse recently.
(5/03/18)Erin McCoy Alarcon
This article discusses how active listening and creative problem solving help move discussions forward toward resolution.
By paying attention to the early signs of conflict, you become more aware of a potentially slow-growing storm.
While typically we discuss the over confidence bias in the context of negotiations, trials and other non-life-threatening events, this bias applies to all situations.
(4/20/18)Jennifer Smith Schneider
How does an ombuds define a trend, and how can one know if the issue is truly pervasive or of consequence?
In a wide range of disputes, counsel and their clients have increasingly turned to neutral analysis and evaluation.
According to Alexa.com, Mediate.com is most visited and most linked mediation website. In business since 1996, Mediate.com has over 6 million annual site visitors and serves as a bridge between professionals offering dispute resolution services and people needing these services.
(4/13/18)Maria Paola Felibert, Maria Eugenia Sole
This article moves from theory to practice by demonstrating an approach from a real case in Latin America.
The dwindling of the cheetah population is due to the conflict between them and men.
So… is the attorney in the Daniels/Trump case in a no-win situation here?
(3/22/18)Sandeep Bhalothia, Achintya Sharma
Use of mediation in resolving commercial and family disputes is gaining popularity worldwide and a lot have been written about its benefits. However, in this article, we discuss the necessity of optimism in a mediator - without which hardly any mediation can be successful.
This is the complete interview by Robert Benjamin with Doug Yarn, a leading conflict resolution academic, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
(3/16/18)Donald T. Saposnek
After 911, our lives changed seemingly forever. No longer a safe, secure, innocent society, Americans have come to a tipping point.
In the 1990s, the very suggestion of facilitated negotiation was viewed with equal parts suspicion and contempt by most seasoned trial lawyers
The article is sums up the infinite reasons/ outcomes that the healing effects of mediation can bring to kids in our society.
(3/09/18)F. Peter Phillips
One of the issues before the Supreme Court right nowis particularly interesting.
For decades now, small claims courts have been offering a great service to our society. But now that most of us have a smart-phone, they can do an even better job.
The Supreme Court of Texas has ruled that a payday lender did not waive its right to compel arbitration against the company’s defaulting customers.
This article will examine suggested conditions that should be examined by the mediator prior to asking the interpreter or translator for their professional service in the mediation session.
A committee of the Storting (Norway's supreme legislature) has approved a proposal to mandate Studentombud for all universities in the country. At present, ten universities provide Student Ombuds programs, which serve about two-thirds of all university students.
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There are times we get so caught up in a dispute that we become defined by it.