Mediation Ethics Section


Mediation Ethics Articles


Phyllis Pollack

Over Confidence Can Kill!

(4/20/18)Phyllis Pollack

While typically we discuss the over confidence bias in the context of negotiations, trials and other non-life-threatening events, this bias applies to all situations.

Jennifer Smith Schneider

Amplifying Ombuds Trends with Data

(4/20/18)Jennifer Smith Schneider

How does an ombuds define a trend, and how can one know if the issue is truly pervasive or of consequence?

Neutral Analysis: A Powerful and Effective Tool

(4/20/18)Clarence Pozza

In a wide range of disputes, counsel and their clients have increasingly turned to neutral analysis and evaluation.

Maria Paola Felibert

Restorative Practices in Juvenile Criminal Proceedings

(4/13/18)Maria Paola Felibert, Maria Eugenia Sole

This article moves from theory to practice by demonstrating an approach from a real case in Latin America.

Cinnie Noble

What I Learned About Conflict From Cheetahs

(4/05/18)Cinnie Noble

The dwindling of the cheetah population is due to the conflict between them and men.

Phyllis Pollack

Settlement Ethics 101

(3/23/18)Phyllis Pollack

So… is the attorney in the Daniels/Trump case in a no-win situation here?

Sandeep Bhalothia

Be a Glass Half-full Mediator

(3/22/18)Sandeep Bhalothia, Achintya Sharma

Use of mediation in resolving commercial and family disputes is gaining popularity worldwide and a lot have been written about its benefits. However, in this article, we discuss the necessity of optimism in a mediator - without which hardly any mediation can be successful.

Doug Yarn

Interview with Doug Yarn

(3/21/18)Doug Yarn

This is the complete interview by Robert Benjamin with Doug Yarn, a leading conflict resolution academic, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Donald T. Saposnek

Splitting America Redux: Implications for Keeping our Kids Safe

(3/16/18)Donald T. Saposnek

After 911, our lives changed seemingly forever. No longer a safe, secure, innocent society, Americans have come to a tipping point.

Bruce Edwards

Why Ego Management is Key to Effective Mediation

(3/16/18)Bruce Edwards

In the 1990s, the very suggestion of facilitated negotiation was viewed with equal parts suspicion and contempt by most seasoned trial lawyers

Denisha Shah

Healing Effects of Mediation on Kids to Achieve and Spread Infinite Positive Outcomes

(3/16/18)Denisha Shah

The article is sums up the infinite reasons/ outcomes that the healing effects of mediation can bring to kids in our society.

F. Peter Phillips

Supreme Court’s Grant of Cert Will Examine Difference Between “Arbitrability” and “Jurisdiction”

(3/09/18)F. Peter Phillips

One of the issues before the Supreme Court right nowis particularly interesting.

Giuseppe Leone

Small Claims Courts 2.0 - Online Dispute Resolution in Action at Franklin County Municipal Court

(3/09/18)Giuseppe Leone

For decades now, small claims courts have been offering a great service to our society. But now that most of us have a smart-phone, they can do an even better job.

Beth Graham

SCOTX Holds Payday Lender Did Not Waive Right to Arbitration

(3/02/18)Beth Graham

The Supreme Court of Texas has ruled that a payday lender did not waive its right to compel arbitration against the company’s defaulting customers.

Steven Leigh

Mediators and Interpreters: A Team Approach

(3/02/18)Steven Leigh

This article will examine suggested conditions that should be examined by the mediator prior to asking the interpreter or translator for their professional service in the mediation session.

Clare Fowler

Norwegian Legislature to Consider Mandating Student Ombuds for All Universities

(3/01/18)Clare Fowler

A committee of the Storting (Norway's supreme legislature) has approved a proposal to mandate Studentombud for all universities in the country. At present, ten universities provide Student Ombuds programs, which serve about two-thirds of all university students. 

Cinnie Noble

Letting Conflict Define Us

(2/22/18)Cinnie Noble

There are times we get so caught up in a dispute that we become defined by it.

Meredith Richardson

How to Get Rid of 80% of Your Unhappiness in Relationships

(2/22/18)Meredith Richardson

Have you heard of the 80/20 Rule? The theory is that 80% of consequences are a direct result of 20% of causes.

Leonardo d'Urso

How Turkey Went from Virtually Zero to 30,828 Mediations in Just One Month

(2/22/18)Leonardo d'Urso

Mediation and the “Snowball” Effect in the Mediterranean: How Turkey Went from Virtually Zero to 30,828 Mediations in Just One Month (and Greece is Next!).

Larry Schooler

Reflections on Parkland, from a Broward County Parent / Conflict Resolution Practitioner

(2/22/18)Larry Schooler

The author, a parent of a child in Broward County Schools (where Marjorie Stoneman Douglas High School is located), reflects on possible usages of ADR, mediation, facilitation, and consensus-building in the seemingly never-ending national struggle over guns.

Shirli Kirschner

Court-based Dispute Resolution

(2/16/18)Shirli Kirschner

Adapted from Prof Tania Sourdin, Alternative Dispute Resolution, 5th ed, 2016, Thomson Reuters. ADRAC gratefully acknowledges the authorship of Professor Sourdin, who kindly prepared this paper.

Nancy Shuger

ADR in the Spirit of the Season

(2/16/18)Nancy Shuger

This article illustrates the power of the mediation process to transform conflict into common ground.

Charlie Young

The Force Present in a Truly Transformative Mediation

(2/16/18)Charlie Young

An unforgettable experience that facilitative mediators encounter is the experience of being part of a truly transformative mediation.

Alia Ismail

The Ethics of Retaliation

(2/16/18)Alia Ismail

Many people resort to retaliation to protect their own authority. Yet, conduct in such situations rarely happens within ethical means.

Randy Drew

Mediating With Sharks Is No Walk In The Park

(2/08/18)Randy Drew

It is important to Praise Publicly & Quadrate Privately.

Click here for MORE ARTICLES

Mediation Ethics Articles


Phyllis Pollack

Over Confidence Can Kill!

(4/20/18)Phyllis Pollack

While typically we discuss the over confidence bias in the context of negotiations, trials and other non-life-threatening events, this bias applies to all situations.

Jennifer Smith Schneider

Amplifying Ombuds Trends with Data

(4/20/18)Jennifer Smith Schneider

How does an ombuds define a trend, and how can one know if the issue is truly pervasive or of consequence?

Neutral Analysis: A Powerful and Effective Tool

(4/20/18)Clarence Pozza

In a wide range of disputes, counsel and their clients have increasingly turned to neutral analysis and evaluation.

Maria Paola Felibert

Restorative Practices in Juvenile Criminal Proceedings

(4/13/18)Maria Paola Felibert, Maria Eugenia Sole

This article moves from theory to practice by demonstrating an approach from a real case in Latin America.

Cinnie Noble

What I Learned About Conflict From Cheetahs

(4/05/18)Cinnie Noble

The dwindling of the cheetah population is due to the conflict between them and men.

Phyllis Pollack

Settlement Ethics 101

(3/23/18)Phyllis Pollack

So… is the attorney in the Daniels/Trump case in a no-win situation here?

Sandeep Bhalothia

Be a Glass Half-full Mediator

(3/22/18)Sandeep Bhalothia, Achintya Sharma

Use of mediation in resolving commercial and family disputes is gaining popularity worldwide and a lot have been written about its benefits. However, in this article, we discuss the necessity of optimism in a mediator - without which hardly any mediation can be successful.

Doug Yarn

Interview with Doug Yarn

(3/21/18)Doug Yarn

This is the complete interview by Robert Benjamin with Doug Yarn, a leading conflict resolution academic, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Donald T. Saposnek

Splitting America Redux: Implications for Keeping our Kids Safe

(3/16/18)Donald T. Saposnek

After 911, our lives changed seemingly forever. No longer a safe, secure, innocent society, Americans have come to a tipping point.

Bruce Edwards

Why Ego Management is Key to Effective Mediation

(3/16/18)Bruce Edwards

In the 1990s, the very suggestion of facilitated negotiation was viewed with equal parts suspicion and contempt by most seasoned trial lawyers

Denisha Shah

Healing Effects of Mediation on Kids to Achieve and Spread Infinite Positive Outcomes

(3/16/18)Denisha Shah

The article is sums up the infinite reasons/ outcomes that the healing effects of mediation can bring to kids in our society.

F. Peter Phillips

Supreme Court’s Grant of Cert Will Examine Difference Between “Arbitrability” and “Jurisdiction”

(3/09/18)F. Peter Phillips

One of the issues before the Supreme Court right nowis particularly interesting.

Giuseppe Leone

Small Claims Courts 2.0 - Online Dispute Resolution in Action at Franklin County Municipal Court

(3/09/18)Giuseppe Leone

For decades now, small claims courts have been offering a great service to our society. But now that most of us have a smart-phone, they can do an even better job.

Beth Graham

SCOTX Holds Payday Lender Did Not Waive Right to Arbitration

(3/02/18)Beth Graham

The Supreme Court of Texas has ruled that a payday lender did not waive its right to compel arbitration against the company’s defaulting customers.

Steven Leigh

Mediators and Interpreters: A Team Approach

(3/02/18)Steven Leigh

This article will examine suggested conditions that should be examined by the mediator prior to asking the interpreter or translator for their professional service in the mediation session.

Clare Fowler

Norwegian Legislature to Consider Mandating Student Ombuds for All Universities

(3/01/18)Clare Fowler

A committee of the Storting (Norway's supreme legislature) has approved a proposal to mandate Studentombud for all universities in the country. At present, ten universities provide Student Ombuds programs, which serve about two-thirds of all university students. 

Cinnie Noble

Letting Conflict Define Us

(2/22/18)Cinnie Noble

There are times we get so caught up in a dispute that we become defined by it.

Meredith Richardson

How to Get Rid of 80% of Your Unhappiness in Relationships

(2/22/18)Meredith Richardson

Have you heard of the 80/20 Rule? The theory is that 80% of consequences are a direct result of 20% of causes.

Leonardo d'Urso

How Turkey Went from Virtually Zero to 30,828 Mediations in Just One Month

(2/22/18)Leonardo d'Urso

Mediation and the “Snowball” Effect in the Mediterranean: How Turkey Went from Virtually Zero to 30,828 Mediations in Just One Month (and Greece is Next!).

Larry Schooler

Reflections on Parkland, from a Broward County Parent / Conflict Resolution Practitioner

(2/22/18)Larry Schooler

The author, a parent of a child in Broward County Schools (where Marjorie Stoneman Douglas High School is located), reflects on possible usages of ADR, mediation, facilitation, and consensus-building in the seemingly never-ending national struggle over guns.

Shirli Kirschner

Court-based Dispute Resolution

(2/16/18)Shirli Kirschner

Adapted from Prof Tania Sourdin, Alternative Dispute Resolution, 5th ed, 2016, Thomson Reuters. ADRAC gratefully acknowledges the authorship of Professor Sourdin, who kindly prepared this paper.

Nancy Shuger

ADR in the Spirit of the Season

(2/16/18)Nancy Shuger

This article illustrates the power of the mediation process to transform conflict into common ground.

Charlie Young

The Force Present in a Truly Transformative Mediation

(2/16/18)Charlie Young

An unforgettable experience that facilitative mediators encounter is the experience of being part of a truly transformative mediation.

Alia Ismail

The Ethics of Retaliation

(2/16/18)Alia Ismail

Many people resort to retaliation to protect their own authority. Yet, conduct in such situations rarely happens within ethical means.

Randy Drew

Mediating With Sharks Is No Walk In The Park

(2/08/18)Randy Drew

It is important to Praise Publicly & Quadrate Privately.

Click here for MORE ARTICLES