Mediation Ethics Section


Mediation Ethics Articles


Elahe Amani

Sulha, Community Mediation ?

(7/27/21)Elahe Amani

“Once a wound has healed, it cannot bleed again.”

Southern Maryland CMC’s Support Conversations on Race and Privilege

(7/23/21)Dusty and Vicky Rhoades, Dan Simon

Constructive dialogue is essential in our world today, and indeed, transformative. It has the ability to open our eyes to the pain of others as well as our own.

Immigration and Conflict Resolution

(7/17/21)Yuli Martinez

This article examines this author's perspective on immigration from a conflict resolution perspective.

Ronald S. Kraybill

Things fall apart. How to respond?

(7/12/21)Ronald S. Kraybill

Like it or not, there’s no going back to the old ways of leading and managing.  We must expand the skill set of leaders at all levels. 

Charlie Young

Confirmation Bias: Something Mediators Need to Appreciate

(7/08/21)Charlie Young

As far as I can tell, much of the research on how neural functions affect mediation has been done in the last 20 years.

Elise Groulx

Mediation in the Field of Business and Human Rights

(7/08/21)Elise Groulx

Mediation in the field of business and human rights to help resolve a conflict between stakeholders/workers upstream a global supply chain and corporate actors in South East Asia with the full participation of civil society (NGOs national and international).

Charles Crumpton

An Affirmative Higher Social Responsibility Duty to Serve Systemic Social Change through System Design

(7/06/21)Charles Crumpton

This article reflects on a panel discussion that took place on April 14, 2021, as part of the ABA Dispute Resolution Section Virtual Spring Conference, titled "Dispute Resolution Pandemic Pivot: Systems Design for Socioeconomic Inequality issues.”

ADA Mediation Guidelines

(7/05/21)ADA Mediation Guidelines Work Group

The ADA Mediation Guidelines for mediation providers are the product of a national Work Group convened to develop mediation practice Guidelines unique to conflicts arising under the Americans with Disabilities Act

Lydia Ray

Battling Burnout: Mental Health and Self-Care in Mediation

(6/27/21)Lydia Ray, Jonathan Rodrigues

Individuals sinking in personal or professional problems may turn to a mediator; Businesses troubled with contractual and commercial disputes may appoint a mediator; Nation-states imploding in racial or communal tension may call on a mediator – and after all this giving, who does the Mediator call on in times of need?

Deborah Heller

Co-Mediation in A Volunteer Co-Mediation Process. Some Simple Ideas

(6/27/21)Deborah Heller

The article suggests that there is little formal training for mediators, especially volunteer mediators who may co mediate with many different partners to work effectively together, and makes some simple and concrete suggestions for ways to remedy this.

Kathleen Kauth

Conflict in the Helping Professions

(6/25/21)Kathleen Kauth

There is often an assumption that someone who works in a helping profession such as healthcare, senior living, social worker, schools etc. are kind and generous people who completely live up to the mission and values that the organization promotes.

Mark Smalls

[Podcast] Being Bold: Broadening the ADR Diversity and Inclusion Landscape

(6/25/21)Mark Smalls

A podcast produced by the American Bar Association features JAMS Senior Vice President & Chief Marketing Officer Mark Smalls on diversity, equity and inclusion (DEI) in alternative dispute resolution (ADR).

Areta Marshall

Mediation as a Therapeutic Intervention in the Streets of Toronto

(6/25/21)Areta Marshall

When I saw an accident, my brain turned to mediation mode, to me this was essentially setting the stage for a mediation and being in control of how the situation unravels.

Henneke Brink

Mediation Ethics - an interview with Ellen Waldman

(6/18/21)Henneke Brink

It has been exactly ten years since Ellen Waldman’s masterpiece ‘Mediation Ethics’ was first published. It was aptly described as ‘a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making.’

Jen Schimbeno

Co-Parenting Online Course – How to Not Put Your Kids in the Middle of Your Divorce

(6/18/21)Jen Schimbeno, Brandyn Roark Caires

The ACE’s (Adverse Childhood Experiences) ACE’s study, is one of the largest studies about traumatic events in the lives of children ages 0-17. This study identifies three types of risk factors for trauma in children: abuse, neglect and household dysfunction.

Kenneth Cloke

Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice

(6/16/21)Kenneth Cloke

As a society, we have not resolved many enduring disputes, or convinced each other, or even discussed them intelligently, but ended up instead screaming at one another, clashing violently, and being prepared to manipulate, and even jettison the entire democratic process if it doesn’t back the candidates and policies we support.

John Lande

Proposal for Standard Explanation in Mediation

(6/11/21)John Lande

Since writing my recent short article, Courts Should Make Mediations Good Samaritans Not Frankensteins, I have been thinking about how to maximize the substantial benefits of court-connected mediation while minimizing the risks of coercion.

Rafeena Bacchus

Mediation and the Four Agreements

(6/11/21)Rafeena Bacchus

The Four Agreements is based on ancient Toltec wisdom which is said to embody the essential unity of truth and described as a way of life. I believe that if we adopt these Four Agreements they will create enough personal power to change the way we mediate and resolve conflict, leading to better and more satisfying settlements.

Clare Fowler

Changing Standards

(6/08/21)Clare Fowler

Mediate.com has been around for over 25 years! During this time we have published thousands of articles, and watched the mediation field grow in numerous unforeseen ways. We have also seen certain mediation standards change and improve.

Richard Lutringer

A Mediator’s Take on: Thinking in Bets, by Annie Duke

(6/04/21)Richard Lutringer

I recently came across a 2019 book about poker that has given me new insights into how I can help parties make good decisions in mediation

Maria Apostolidou

Diversity at the Mediation Table – How Do We Get There?

(6/04/21)Maria Apostolidou, Melanie Koch

What do you think? Should there be quotas for training courses, universities, or even mediation sessions?

Cinnie Noble

How Can We Understand Everything?

(5/24/21)Cinnie Noble

Miles Davis once said, “If you understood everything I said, you’d be me.”

Tricia Jones

Full Video Now Posted of Forum on Experiential Training and Mentoring

(5/17/21)Tricia Jones, Forrest (Woody) Mosten

How do we best integrate online mediation and online mediation training with conflict & life coaching, collaborative practice, mentorship, clinics, simulations and video feedback?

Colin Rule

Full Video Now Posted of Forum on Standards, Ethics & New Technologies for Online Mediation

(5/08/21)Colin Rule

Join colleagues from around the world for Mediate's Forum on Standards, Ethics & New Technologies for Online Mediation. Among the featured presenters are Colin Rule, Leah Wing, Dan Rainey and Melissa Kucinski.

Kim Keenan

Diversity and Inclusion: Where Process Equals Purpose

(4/30/21)Kim Keenan

For many, campuses of higher education institutions are where students will develop their identities.

Click here for MORE ARTICLES

Mediation Ethics Articles


Elahe Amani

Sulha, Community Mediation ?

(7/27/21)Elahe Amani

“Once a wound has healed, it cannot bleed again.”

Southern Maryland CMC’s Support Conversations on Race and Privilege

(7/23/21)Dusty and Vicky Rhoades, Dan Simon

Constructive dialogue is essential in our world today, and indeed, transformative. It has the ability to open our eyes to the pain of others as well as our own.

Immigration and Conflict Resolution

(7/17/21)Yuli Martinez

This article examines this author's perspective on immigration from a conflict resolution perspective.

Ronald S. Kraybill

Things fall apart. How to respond?

(7/12/21)Ronald S. Kraybill

Like it or not, there’s no going back to the old ways of leading and managing.  We must expand the skill set of leaders at all levels. 

Charlie Young

Confirmation Bias: Something Mediators Need to Appreciate

(7/08/21)Charlie Young

As far as I can tell, much of the research on how neural functions affect mediation has been done in the last 20 years.

Elise Groulx

Mediation in the Field of Business and Human Rights

(7/08/21)Elise Groulx

Mediation in the field of business and human rights to help resolve a conflict between stakeholders/workers upstream a global supply chain and corporate actors in South East Asia with the full participation of civil society (NGOs national and international).

Charles Crumpton

An Affirmative Higher Social Responsibility Duty to Serve Systemic Social Change through System Design

(7/06/21)Charles Crumpton

This article reflects on a panel discussion that took place on April 14, 2021, as part of the ABA Dispute Resolution Section Virtual Spring Conference, titled "Dispute Resolution Pandemic Pivot: Systems Design for Socioeconomic Inequality issues.”

ADA Mediation Guidelines

(7/05/21)ADA Mediation Guidelines Work Group

The ADA Mediation Guidelines for mediation providers are the product of a national Work Group convened to develop mediation practice Guidelines unique to conflicts arising under the Americans with Disabilities Act

Lydia Ray

Battling Burnout: Mental Health and Self-Care in Mediation

(6/27/21)Lydia Ray, Jonathan Rodrigues

Individuals sinking in personal or professional problems may turn to a mediator; Businesses troubled with contractual and commercial disputes may appoint a mediator; Nation-states imploding in racial or communal tension may call on a mediator – and after all this giving, who does the Mediator call on in times of need?

Deborah Heller

Co-Mediation in A Volunteer Co-Mediation Process. Some Simple Ideas

(6/27/21)Deborah Heller

The article suggests that there is little formal training for mediators, especially volunteer mediators who may co mediate with many different partners to work effectively together, and makes some simple and concrete suggestions for ways to remedy this.

Kathleen Kauth

Conflict in the Helping Professions

(6/25/21)Kathleen Kauth

There is often an assumption that someone who works in a helping profession such as healthcare, senior living, social worker, schools etc. are kind and generous people who completely live up to the mission and values that the organization promotes.

Mark Smalls

[Podcast] Being Bold: Broadening the ADR Diversity and Inclusion Landscape

(6/25/21)Mark Smalls

A podcast produced by the American Bar Association features JAMS Senior Vice President & Chief Marketing Officer Mark Smalls on diversity, equity and inclusion (DEI) in alternative dispute resolution (ADR).

Areta Marshall

Mediation as a Therapeutic Intervention in the Streets of Toronto

(6/25/21)Areta Marshall

When I saw an accident, my brain turned to mediation mode, to me this was essentially setting the stage for a mediation and being in control of how the situation unravels.

Henneke Brink

Mediation Ethics - an interview with Ellen Waldman

(6/18/21)Henneke Brink

It has been exactly ten years since Ellen Waldman’s masterpiece ‘Mediation Ethics’ was first published. It was aptly described as ‘a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making.’

Jen Schimbeno

Co-Parenting Online Course – How to Not Put Your Kids in the Middle of Your Divorce

(6/18/21)Jen Schimbeno, Brandyn Roark Caires

The ACE’s (Adverse Childhood Experiences) ACE’s study, is one of the largest studies about traumatic events in the lives of children ages 0-17. This study identifies three types of risk factors for trauma in children: abuse, neglect and household dysfunction.

Kenneth Cloke

Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice

(6/16/21)Kenneth Cloke

As a society, we have not resolved many enduring disputes, or convinced each other, or even discussed them intelligently, but ended up instead screaming at one another, clashing violently, and being prepared to manipulate, and even jettison the entire democratic process if it doesn’t back the candidates and policies we support.

John Lande

Proposal for Standard Explanation in Mediation

(6/11/21)John Lande

Since writing my recent short article, Courts Should Make Mediations Good Samaritans Not Frankensteins, I have been thinking about how to maximize the substantial benefits of court-connected mediation while minimizing the risks of coercion.

Rafeena Bacchus

Mediation and the Four Agreements

(6/11/21)Rafeena Bacchus

The Four Agreements is based on ancient Toltec wisdom which is said to embody the essential unity of truth and described as a way of life. I believe that if we adopt these Four Agreements they will create enough personal power to change the way we mediate and resolve conflict, leading to better and more satisfying settlements.

Clare Fowler

Changing Standards

(6/08/21)Clare Fowler

Mediate.com has been around for over 25 years! During this time we have published thousands of articles, and watched the mediation field grow in numerous unforeseen ways. We have also seen certain mediation standards change and improve.

Richard Lutringer

A Mediator’s Take on: Thinking in Bets, by Annie Duke

(6/04/21)Richard Lutringer

I recently came across a 2019 book about poker that has given me new insights into how I can help parties make good decisions in mediation

Maria Apostolidou

Diversity at the Mediation Table – How Do We Get There?

(6/04/21)Maria Apostolidou, Melanie Koch

What do you think? Should there be quotas for training courses, universities, or even mediation sessions?

Cinnie Noble

How Can We Understand Everything?

(5/24/21)Cinnie Noble

Miles Davis once said, “If you understood everything I said, you’d be me.”

Tricia Jones

Full Video Now Posted of Forum on Experiential Training and Mentoring

(5/17/21)Tricia Jones, Forrest (Woody) Mosten

How do we best integrate online mediation and online mediation training with conflict & life coaching, collaborative practice, mentorship, clinics, simulations and video feedback?

Colin Rule

Full Video Now Posted of Forum on Standards, Ethics & New Technologies for Online Mediation

(5/08/21)Colin Rule

Join colleagues from around the world for Mediate's Forum on Standards, Ethics & New Technologies for Online Mediation. Among the featured presenters are Colin Rule, Leah Wing, Dan Rainey and Melissa Kucinski.

Kim Keenan

Diversity and Inclusion: Where Process Equals Purpose

(4/30/21)Kim Keenan

For many, campuses of higher education institutions are where students will develop their identities.

Click here for MORE ARTICLES