Mediation Ethics Section



Mediation Ethics Articles


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 - 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:

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.

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.

Patrick Mastronardo

The Civil Rights Act of 1964: The Right to Bilingual Mediation

(9/08/21)Patrick Mastronardo

Providing Florida LEP Individuals Meaningful Access to Mediation: Bilingual Mediator Guidance on Standards of Conduct.

Phyllis Pollack

How Do You Define “Ethics?”

(9/07/21)Phyllis Pollack

"For centuries, we have shared common expectations of how we behave ethically in society, based largely on a mutual understanding of the reality in which our decisions play out. These underlying expectations have come to be guided by three pillars."

Rebekah Ratliff

[Podcast] Where Does the Insurance Industry Sit Now on Racial Issues?

(9/07/21)Rebekah Ratliff

In a recent episode of Insurance Business Talk, JAMS neutral Rebekah Ratliff speaks with host Paul Lucas on her experience as a Black woman in the insurance industry and where the industry is now in terms of issues relating to gender and race.

Phyllis Pollack

Making Ethical Decisions

(8/30/21)Phyllis Pollack

Despite the complexity of ethical issues, Ms. Liautaud has formula for making an ethical decision quite simple.

Bill Quatman

Mediator Ethics: Should You Ask for a Waiver of Liability?

(8/24/21)Bill Quatman

I read a Mediation Agreement that struck me as odd, perhaps unenforceable, maybe even unethical

Sarah Peyton

When the World is Too Much, How to Release Overwhelm with Resonance

(8/20/21)Sarah Peyton

What happens in our brains and bodies when life -- and conflict -- feels like too much for us?

David Brandon

[PODCAST] JAMS Foundation & Hands of Peace: Empowering American, Israeli & Palestinian Youth to Be Peacemakers, Agents of Change

(8/20/21)David Brandon

A podcast from JAMS featuring David Brandon of The JAMS Foundation and Gretchen Grad and Scott Rasmussen of Hands of Peace, discussing Hands of Peace’s work empowering American, Israeli and Palestinian youth to be agents of change in their communities.

Judith Cohen

ADA Mediation Refresher

(8/19/21)Judith Cohen

I think it might be time for a refresher on ADA Mediation, * a topic I have written and trained on frequently – but not for a while now.

Shantha Chellappa

Mediation Advocacy: A must for law students in India

(8/13/21)Shantha Chellappa

“Advocacy is a conscious act of support, expressed by speaking or writing on behalf of another person, an idea, a cause or a policy.”

Jennifer Schulz

Book Review of Mediation and Popular Culture by Jennifer L Schulz, (2020)

(8/13/21)Jennifer Schulz, Pat Bragg

What a fun, dense, and important read about mediation!

Laurie Israel

Learning from Every Mediation

(8/10/21)Laurie Israel

I have been mediating for over twenty-five years. During this time, I have had many different experiences with clients, including the good and the bad.

Tricia Jones

Experiential Online Mediation Training: Clinics, Simulations and Video Feedback

(8/10/21)Tricia Jones

This report focuses on questions and issues considered by the Committee on Experiential Online Mediation Training: Clinics, Simulations, and Video Feedback, as part of Mediate.com's Online Mediation Training Task Force. This complete committee report highlights valuable resources and committee recommendations for moving forward. 

Susan Guthrie

Online Mediation Training Task Force Marketing Committee Report

(8/09/21)Susan Guthrie

The Online Mediation Marketing Committee considered the following issues: 1) What resources, resource center(s) and organizational support will best support the elevation, acceptance and use of online mediation training and online mediation services; 2) How can mediation providers and policy organizations best support the expansion of online mediation providers; 3) How can mediators and other professionals best support the expansion of online mediation; and 4) What are the best new opportunities for expanding the application of mediation and online mediation services?

Michael Lang

Online Mediation Training - Mentoring & Consultation Best Practices

(8/07/21)Michael Lang

The term “Mentor” been commonly used to include guide, champion, teacher, supervisor. Today because we inherited many traditions of mentoring practices, we continue to use the term broadly while also attempting to give it somewhat more definition in terms of mediation and related professional practices.

Mylene Chan

UNCITRAL Completes a New Mediation Framework, Based on the Singapore Convention

(7/30/21)Mylene Chan

Earlier this month, the United Nations Commission on International Trade Law adopted the UNCITRAL Mediation Rules, the UNCITRAL Notes on Mediation, and the Guide to Enactment and Use of the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation.

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