Mediation Ethics Articles
Dan Rainey speaking about the launch of the Universal Disclosure Protocol for Mediation (UDPM).
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.
(1/17/22)Randa M. Trapp
Is the legal profession in fact a noble profession?
This article discusses the impact of stereotyping mental illnesses.
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.
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.
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.
Are you naturally an interviewer or a volunteer in difficult conversations? A discussion on conflict and conversation styles.
So, what does it mean to the recalcitrant lawyer when it comes to ODR resistance?
(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?
In his journal article, Mr. Tiamiyu examines potential ethical considerations related to emerging online dispute resolution technologies.
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.
This panel had many highlights, including FOI Tom Stipanowich, who coined the term mixed-mode and who now refers to it as “lane-changing.”
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.
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.
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."
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.
(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.
Somewhere along the mediation trail, process change appeared. This change became a big drift from traditional mediation and led to the shuttle system.
(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.
(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.
(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:
(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.
(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.
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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.