Mediation Ethics Section


Mediation Ethics Articles


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 on 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 and resources from the Final Report of Mediate.com Task Force on Online Mediation. This video forum 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:

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

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Mediation Ethics Articles


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 on 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 and resources from the Final Report of Mediate.com Task Force on Online Mediation. This video forum 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:

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

Click here for MORE ARTICLES