Mediation Ethics Section


Mediation Ethics Articles


Joy Rosenthal

We Hear What We Want to Hear!

(3/27/20)Joy Rosenthal

"But how did you flunk the test? We studied together! I know you were prepared!”

Kenneth Cloke

Global Pandemics, National Borders, and Political Problem-solving

(3/13/20)Kenneth Cloke

So far, we’ve been lucky. None of the health emergencies or potential pandemics we have been through in recent years has achieved its deadliest potential.

Nancy White

Moving Online in Pandemic: Preamble

(3/13/20)Nancy White

The emails have been flying, phone and Zoom conversations everywhere asking “how do we move this meeting, event, workshop, whatever online in response to the novel Corona virus outbreak?”

K Kannan

Mediation for Insurance Claims – A Gamechanger on the Horizon

(3/13/20)K Kannan, Shantha Chellappa

An insurance contract is a contract wherein the insurer accepts insurance risk from the policyholder, by agreeing to compensate him/her on payment of a specified amount called premium, if a specified uncertain future event that adversely affects the policyholder takes place.

Teresa Wakeen

Being Neutral is a Myth

(3/01/20)Teresa Wakeen

Terry Wakeen explains that she believes being neutral is a myth. She still upholds her ethical duty, however, to not force her opinions and judgments on the parties.

Phyllis Pollack

Watch Out for the Non-Verbal Cues!

(2/16/20)Phyllis Pollack

One of the latest blog posts from the Harvard Negotiation Project notes the importance of understanding body language in negotiations.

Ira Glick

Self Improvement Journey

(2/14/20)Ira Glick

A core belief in many traditions holds that the human condition is "dynamic" i.e., not a "static state".

The GPC North America Report

(2/11/20) Emma-May Litchfield and Danielle Hutchinson, Resolution Resources, Australia

The International Mediation Institute is delighted to present the GPC North America Report—a comparative analysis and recommendations based on open text questions asked at GPC events in the USA and Canada.

Sarah Ater

Pacesetting in Mediation

(12/06/19)Sarah Ater

This article encourages mediators with different levels of experience to work together. It uses the analogy of pacesetters in a marathon to show how mediators can support and challenge each other leading to growth and improvement in the mediation profession

Stephen Kotev

ACR Taskforce on Safety: Recommended Guidelines -- Final Part 3 in Series

(11/22/19)Stephen Kotev

The Association for Conflict Resolution (ACR) Taskforce on Safety in Alternative Dispute Resolution (ADR) has drafted the ADR Safety Planning to promote the safety of practitioners and participants in ADR processes. This is part 3 in the series--discussing what mediators can do in cases of extreme violence.

Emma Hartman

Food Demonstrator Provider to Pay $2.65 Million to Settle EEOC Disability Suit

(11/22/19)Emma Hartman

In cases where discrimination has occurred, mediation becomes trickier and sometimes it seems the only way to bring reconciliation is through a trial.

Ronald S. Kraybill

Worry About Hornets

(11/08/19)Ronald S. Kraybill

On September 11, 2019, President Trump warned about what America would do if attacked again.

Phyllis Pollack

Have Faith in Another’s Honesty!

(11/08/19)Phyllis Pollack

In any given mediation, I am often asked whether I think the other party is telling the “truth”, can she be “trusted”?

Greg Rooney

Mediation and the Principle of Emergence

(11/08/19)Greg Rooney

Charlie Irvine in his recent Kluwer blog (Mediation Values: Still Searching) suggested it is our values that determine what we do or say in a mediation rather than any techniques we learn as mediators.

Stephen Kotev

ACR Taskforce on Safety: Recommended Guidelines -- Part 1 in Series

(11/07/19)Stephen Kotev

The Association for Conflict Resolution (ACR) Taskforce on Safety in Alternative Dispute Resolution (ADR) has drafted the ADR Safety Planning to promote the safety of practitioners and participants in ADR processes. This is part 1 in the series--discussing the ideology and process approach of the Taskforce.

F. Peter Phillips

Arbitration Jurisprudence Takes Strange Turn

(10/25/19)F. Peter Phillips

The twisted course of arbitration jurisprudence in New Jersey has taken yet another peculiar detour.

Nicole Wilmet

California’s Yolo Superior Court Launches New Online Dispute Resolution Program

(10/25/19)Nicole Wilmet

California’s Yolo County Superior Court has launched a new online dispute resolution (ODR) program to resolve debt and money due cases.

Arran Heal

Can We Ever Deal With Unconscious Bias?

(10/25/19)Arran Heal

Having mature, self-aware conversations takes a good level of skills – what we call Conversational Intelligence.

New California Law Prohibits Pre-Dispute Employment Arbitration Agreements

(10/18/19)Andrew Garcia

California last week enacted a new law that prohibits employers from requiring job applicants, or any existing employee, to enter into pre-dispute arbitration agreements as a condition of employment.

Cinnie Noble

Message Gleaned About Conflict From a Tweet

(10/11/19)Cinnie Noble

A few months ago, I posted a quote on Twitter that a colleague sent me because she thought I’d like it. And I do.

Kayla Matthews

7 Benefits of Mediation Programs in Higher Education Institutions

(10/10/19)Kayla Matthews

There are many forms of mediation and environments in which they occur, but a place that proves extremely beneficial for mediation takes place in an educational setting.

Ronald S. Kraybill

Transforming the Healer-I

(10/04/19)Ronald S. Kraybill

How can we assist the healing of a broken world when we ourselves are far from healed?

Susan Raines

What I Wished I Had Known: Lessons from Mediation and Life

(10/03/19)Susan Raines

After more than 16,500 mediations inside and outside of the court system, dozens of organizational interventions, executive coaching, and overall collaborative problem solving, I have learned some hard lessons about what works and what doesn’t.

Noah Shaw

The Roots of Intolerance and Opposition to Compromise: The Effects of Absolutism on Political Attitudes

(10/01/19)Noah Shaw

With increasing political polarization in the United States, political absolutists are halting the practice of compromise and collaboration for their Congressional representatives.

Steven Goldman

Why Mediation, Why Me?

(9/30/19)Steven Goldman

Why should I choose mediation to deal with conflict?

Click here for MORE ARTICLES

Mediation Ethics Articles


Joy Rosenthal

We Hear What We Want to Hear!

(3/27/20)Joy Rosenthal

"But how did you flunk the test? We studied together! I know you were prepared!”

Kenneth Cloke

Global Pandemics, National Borders, and Political Problem-solving

(3/13/20)Kenneth Cloke

So far, we’ve been lucky. None of the health emergencies or potential pandemics we have been through in recent years has achieved its deadliest potential.

Nancy White

Moving Online in Pandemic: Preamble

(3/13/20)Nancy White

The emails have been flying, phone and Zoom conversations everywhere asking “how do we move this meeting, event, workshop, whatever online in response to the novel Corona virus outbreak?”

K Kannan

Mediation for Insurance Claims – A Gamechanger on the Horizon

(3/13/20)K Kannan, Shantha Chellappa

An insurance contract is a contract wherein the insurer accepts insurance risk from the policyholder, by agreeing to compensate him/her on payment of a specified amount called premium, if a specified uncertain future event that adversely affects the policyholder takes place.

Teresa Wakeen

Being Neutral is a Myth

(3/01/20)Teresa Wakeen

Terry Wakeen explains that she believes being neutral is a myth. She still upholds her ethical duty, however, to not force her opinions and judgments on the parties.

Phyllis Pollack

Watch Out for the Non-Verbal Cues!

(2/16/20)Phyllis Pollack

One of the latest blog posts from the Harvard Negotiation Project notes the importance of understanding body language in negotiations.

Ira Glick

Self Improvement Journey

(2/14/20)Ira Glick

A core belief in many traditions holds that the human condition is "dynamic" i.e., not a "static state".

The GPC North America Report

(2/11/20) Emma-May Litchfield and Danielle Hutchinson, Resolution Resources, Australia

The International Mediation Institute is delighted to present the GPC North America Report—a comparative analysis and recommendations based on open text questions asked at GPC events in the USA and Canada.

Sarah Ater

Pacesetting in Mediation

(12/06/19)Sarah Ater

This article encourages mediators with different levels of experience to work together. It uses the analogy of pacesetters in a marathon to show how mediators can support and challenge each other leading to growth and improvement in the mediation profession

Stephen Kotev

ACR Taskforce on Safety: Recommended Guidelines -- Final Part 3 in Series

(11/22/19)Stephen Kotev

The Association for Conflict Resolution (ACR) Taskforce on Safety in Alternative Dispute Resolution (ADR) has drafted the ADR Safety Planning to promote the safety of practitioners and participants in ADR processes. This is part 3 in the series--discussing what mediators can do in cases of extreme violence.

Emma Hartman

Food Demonstrator Provider to Pay $2.65 Million to Settle EEOC Disability Suit

(11/22/19)Emma Hartman

In cases where discrimination has occurred, mediation becomes trickier and sometimes it seems the only way to bring reconciliation is through a trial.

Ronald S. Kraybill

Worry About Hornets

(11/08/19)Ronald S. Kraybill

On September 11, 2019, President Trump warned about what America would do if attacked again.

Phyllis Pollack

Have Faith in Another’s Honesty!

(11/08/19)Phyllis Pollack

In any given mediation, I am often asked whether I think the other party is telling the “truth”, can she be “trusted”?

Greg Rooney

Mediation and the Principle of Emergence

(11/08/19)Greg Rooney

Charlie Irvine in his recent Kluwer blog (Mediation Values: Still Searching) suggested it is our values that determine what we do or say in a mediation rather than any techniques we learn as mediators.

Stephen Kotev

ACR Taskforce on Safety: Recommended Guidelines -- Part 1 in Series

(11/07/19)Stephen Kotev

The Association for Conflict Resolution (ACR) Taskforce on Safety in Alternative Dispute Resolution (ADR) has drafted the ADR Safety Planning to promote the safety of practitioners and participants in ADR processes. This is part 1 in the series--discussing the ideology and process approach of the Taskforce.

F. Peter Phillips

Arbitration Jurisprudence Takes Strange Turn

(10/25/19)F. Peter Phillips

The twisted course of arbitration jurisprudence in New Jersey has taken yet another peculiar detour.

Nicole Wilmet

California’s Yolo Superior Court Launches New Online Dispute Resolution Program

(10/25/19)Nicole Wilmet

California’s Yolo County Superior Court has launched a new online dispute resolution (ODR) program to resolve debt and money due cases.

Arran Heal

Can We Ever Deal With Unconscious Bias?

(10/25/19)Arran Heal

Having mature, self-aware conversations takes a good level of skills – what we call Conversational Intelligence.

New California Law Prohibits Pre-Dispute Employment Arbitration Agreements

(10/18/19)Andrew Garcia

California last week enacted a new law that prohibits employers from requiring job applicants, or any existing employee, to enter into pre-dispute arbitration agreements as a condition of employment.

Cinnie Noble

Message Gleaned About Conflict From a Tweet

(10/11/19)Cinnie Noble

A few months ago, I posted a quote on Twitter that a colleague sent me because she thought I’d like it. And I do.

Kayla Matthews

7 Benefits of Mediation Programs in Higher Education Institutions

(10/10/19)Kayla Matthews

There are many forms of mediation and environments in which they occur, but a place that proves extremely beneficial for mediation takes place in an educational setting.

Ronald S. Kraybill

Transforming the Healer-I

(10/04/19)Ronald S. Kraybill

How can we assist the healing of a broken world when we ourselves are far from healed?

Susan Raines

What I Wished I Had Known: Lessons from Mediation and Life

(10/03/19)Susan Raines

After more than 16,500 mediations inside and outside of the court system, dozens of organizational interventions, executive coaching, and overall collaborative problem solving, I have learned some hard lessons about what works and what doesn’t.

Noah Shaw

The Roots of Intolerance and Opposition to Compromise: The Effects of Absolutism on Political Attitudes

(10/01/19)Noah Shaw

With increasing political polarization in the United States, political absolutists are halting the practice of compromise and collaboration for their Congressional representatives.

Steven Goldman

Why Mediation, Why Me?

(9/30/19)Steven Goldman

Why should I choose mediation to deal with conflict?

Click here for MORE ARTICLES