Mediation Ethics Section


Mediation Ethics Articles


Katherine Graham

Why Investigations Always Need to Look Twice

(2/01/19)Katherine Graham

We like things simple, and often that means not making the effort to understand the full picture and specific legal context.

Michael Erdle

Canadian Ombudsman Impartiality Is a Delicate Balance

(2/01/19)Michael Erdle

The recent announcement that another major Canadian bank is withdrawing from the national banking ombudsman service in favour of a private dispute resolution service for customer banking complaints raises interesting questions about independence and impartiality.

Lorraine Segal

Effective Conflict Management versus a Quick “Fix”

(1/25/19)Lorraine Segal

Sometime potential individual clients or institutions and organizations who want to hire me are looking for a quick fix for their longstanding conflict management problems.

Susan Yates

New Mediator Self-Reflection Tool

(1/25/19)Susan Yates

Even though mediators work very closely with people when we mediate, typically no one else in the room shares our mediator perspective.

Amy Sereday

Disability, Conflict, and Adaptive Thinking

(1/22/19)Amy Sereday

As a conflict resolution practitioner, one of my goals is to change the way people see conflict.

Gregorio Billikopf

Hosting Gregorio Billikopf's Empathic Listening Audio Seminar

(1/11/19)Gregorio Billikopf

Last year, I came across an awesome free resource for learning mediation and as part of that, empathic listening.

Sylwester Pieckowski

Book Review: NEGOTIATION Things Corporate Counsel Need to Know but Were Not Taught by Michael Leathes (Wolters Kluwer 2018)

(12/28/18)Sylwester Pieckowski

This book teaches us many things, such as that the dynamics of neuroscience may make our your eyes glaze over, but understanding the basics of brain science improves negotiation.

Supreme Court of India - Mediation Training Manual

(12/28/18)Supreme Court of India

Mediation has emerged as a fast growing disputes redressal mechanism. The Supreme Court of India has constituted Mediation and Conciliation Project Committee (MCPC) to oversee the effective implementation of Mediation and Conciliation in the country.

David Smith

Practice Informed By Research: Cross Cultural Approaches Informing Mediation

(12/21/18)David Smith

In this article, Smith describes his views on the importance of research informing practice. He shares the experiences of his students Laura Mahan and Joshua Mahuna presenting at an academic conference including about their theory of the integration of cross cultural approaches in mediation.

John Lande

Stop Being a Damned Fool

(12/07/18)John Lande

Many lawyers are frustrated with their actual clients at times and are tempted to tell them the same thing – and sometimes do.

Jennifer Shack

Findings from an Evaluation of Eight Foreclosure Mediation Programs

(12/07/18)Jennifer Shack

One great benefit of evaluating eight programs with different approaches to resolving the same cases is that it allowed me to uncover program design factors and other variables that promote program success.

Paul Bates

Essential Tips on Writing an Effective Mediation Submission

(12/06/18)Paul Bates

Mediation and the written agreement has become integral to the litigation process and offers avenues through which disputes can be settled amicably.

John Lande

Legal Stress

(11/30/18)John Lande

This post provides excerpts from my research summarizing significant stresses affecting each of these groups and notes resources and ideas for dealing with them.

Phyllis Pollack

Every Dispute is Two Disputes

(11/30/18)Phyllis Pollack

The theme of the session was that while being intelligent is good, it is also very important to have emotional intelligence; the ability to tap into the emotions of others, or to read people.

Dan Simon

Interruption and Self-Determination

(11/30/18)Dan Simon

Chaos? A mediation out of control? A weak mediator? I don’t think so.

Eric Slepak

Saving Homes, Building Understanding

(11/30/18)Eric Slepak

This new evaluation looks at four-plus years of data across eight different programs to provide a comprehensive analysis of foreclosure mediation in Illinois, and to highlight how differences in program models impacted outcomes.

Robert Quiminee

Liberia, Its Poverty Recovery Strategies and Failures, and Why Its Pro-poor Agenda will Fail if Lacked Future Perspectives

(11/30/18)Robert Quiminee

This article discusses Liberia's path to peace and liberation, 1871 - 2017.

Tammy Lenski

Is the Einstellung Effect Interfering With Your Problem Solving?

(11/16/18)Tammy Lenski

The Einstellung Effect is a cognitive trap that prevents us from seeing better or simpler solutions to problems we’re trying to solve. Here’s how to recognize it and reduce its effect.

Darrell Puls

Scorched Earth Clients: Mediating with High Conflict People

(11/12/18)Darrell Puls

You have met them if you have been mediating for any length of time: High Conflict People.

Colin Rule

Dishonesty

(11/01/18)Colin Rule

I’d wager we’ve all had a friend or family member share one of their new creations with us (maybe a poem, or an article, or a intending-to-be-funny youtube video) and ask, excitedly, “What do you think?”

Andrea Schneider

Heartbroken in Pittsburgh

(11/01/18)Andrea Schneider

I thought that teaching the Kavanaugh hearings in a careful and respectful manner a few weeks ago would be the biggest teaching challenge of the semester. I was wrong.

Muhammed Rafeeque

Two Points: Detrimental to any Mediation Process

(10/26/18)Muhammed Rafeeque

The post is about TWO points which may go against the Mediation Process in India: (i) A constant persuasion of Mediator on either parties would have opposite effect.

Phyllis Pollack

Ethical Fading

(10/19/18)Phyllis Pollack

Typically, before I discuss the topic of mediation ethics with my students, I delve into the topic of “negotiation ethics” in general.

Kim Taylor

Powerful Words on Inclusion and the Impact to Follow

(10/19/18)Kim Taylor

In a recent article, Kim Taylor, senior vice president and chief legal and operating officer at JAMS, discusses the importance of inclusion and diversity as it relates to alternative dispute resolution (ADR) and specifically arbitration.

Jonathan Rodrigues

The Mediation Advocate’s Alphabet

(10/19/18)Jonathan Rodrigues

From limited experiences, learning from mistakes, compliments from clients, advise from mentors and suggestions from peers, here is a guidebook with some cheat codes for any amateur lawyer looking to rehearse before a Mediation.

Click here for MORE ARTICLES

Mediation Ethics Articles


Katherine Graham

Why Investigations Always Need to Look Twice

(2/01/19)Katherine Graham

We like things simple, and often that means not making the effort to understand the full picture and specific legal context.

Michael Erdle

Canadian Ombudsman Impartiality Is a Delicate Balance

(2/01/19)Michael Erdle

The recent announcement that another major Canadian bank is withdrawing from the national banking ombudsman service in favour of a private dispute resolution service for customer banking complaints raises interesting questions about independence and impartiality.

Lorraine Segal

Effective Conflict Management versus a Quick “Fix”

(1/25/19)Lorraine Segal

Sometime potential individual clients or institutions and organizations who want to hire me are looking for a quick fix for their longstanding conflict management problems.

Susan Yates

New Mediator Self-Reflection Tool

(1/25/19)Susan Yates

Even though mediators work very closely with people when we mediate, typically no one else in the room shares our mediator perspective.

Amy Sereday

Disability, Conflict, and Adaptive Thinking

(1/22/19)Amy Sereday

As a conflict resolution practitioner, one of my goals is to change the way people see conflict.

Gregorio Billikopf

Hosting Gregorio Billikopf's Empathic Listening Audio Seminar

(1/11/19)Gregorio Billikopf

Last year, I came across an awesome free resource for learning mediation and as part of that, empathic listening.

Sylwester Pieckowski

Book Review: NEGOTIATION Things Corporate Counsel Need to Know but Were Not Taught by Michael Leathes (Wolters Kluwer 2018)

(12/28/18)Sylwester Pieckowski

This book teaches us many things, such as that the dynamics of neuroscience may make our your eyes glaze over, but understanding the basics of brain science improves negotiation.

Supreme Court of India - Mediation Training Manual

(12/28/18)Supreme Court of India

Mediation has emerged as a fast growing disputes redressal mechanism. The Supreme Court of India has constituted Mediation and Conciliation Project Committee (MCPC) to oversee the effective implementation of Mediation and Conciliation in the country.

David Smith

Practice Informed By Research: Cross Cultural Approaches Informing Mediation

(12/21/18)David Smith

In this article, Smith describes his views on the importance of research informing practice. He shares the experiences of his students Laura Mahan and Joshua Mahuna presenting at an academic conference including about their theory of the integration of cross cultural approaches in mediation.

John Lande

Stop Being a Damned Fool

(12/07/18)John Lande

Many lawyers are frustrated with their actual clients at times and are tempted to tell them the same thing – and sometimes do.

Jennifer Shack

Findings from an Evaluation of Eight Foreclosure Mediation Programs

(12/07/18)Jennifer Shack

One great benefit of evaluating eight programs with different approaches to resolving the same cases is that it allowed me to uncover program design factors and other variables that promote program success.

Paul Bates

Essential Tips on Writing an Effective Mediation Submission

(12/06/18)Paul Bates

Mediation and the written agreement has become integral to the litigation process and offers avenues through which disputes can be settled amicably.

John Lande

Legal Stress

(11/30/18)John Lande

This post provides excerpts from my research summarizing significant stresses affecting each of these groups and notes resources and ideas for dealing with them.

Phyllis Pollack

Every Dispute is Two Disputes

(11/30/18)Phyllis Pollack

The theme of the session was that while being intelligent is good, it is also very important to have emotional intelligence; the ability to tap into the emotions of others, or to read people.

Dan Simon

Interruption and Self-Determination

(11/30/18)Dan Simon

Chaos? A mediation out of control? A weak mediator? I don’t think so.

Eric Slepak

Saving Homes, Building Understanding

(11/30/18)Eric Slepak

This new evaluation looks at four-plus years of data across eight different programs to provide a comprehensive analysis of foreclosure mediation in Illinois, and to highlight how differences in program models impacted outcomes.

Robert Quiminee

Liberia, Its Poverty Recovery Strategies and Failures, and Why Its Pro-poor Agenda will Fail if Lacked Future Perspectives

(11/30/18)Robert Quiminee

This article discusses Liberia's path to peace and liberation, 1871 - 2017.

Tammy Lenski

Is the Einstellung Effect Interfering With Your Problem Solving?

(11/16/18)Tammy Lenski

The Einstellung Effect is a cognitive trap that prevents us from seeing better or simpler solutions to problems we’re trying to solve. Here’s how to recognize it and reduce its effect.

Darrell Puls

Scorched Earth Clients: Mediating with High Conflict People

(11/12/18)Darrell Puls

You have met them if you have been mediating for any length of time: High Conflict People.

Colin Rule

Dishonesty

(11/01/18)Colin Rule

I’d wager we’ve all had a friend or family member share one of their new creations with us (maybe a poem, or an article, or a intending-to-be-funny youtube video) and ask, excitedly, “What do you think?”

Andrea Schneider

Heartbroken in Pittsburgh

(11/01/18)Andrea Schneider

I thought that teaching the Kavanaugh hearings in a careful and respectful manner a few weeks ago would be the biggest teaching challenge of the semester. I was wrong.

Muhammed Rafeeque

Two Points: Detrimental to any Mediation Process

(10/26/18)Muhammed Rafeeque

The post is about TWO points which may go against the Mediation Process in India: (i) A constant persuasion of Mediator on either parties would have opposite effect.

Phyllis Pollack

Ethical Fading

(10/19/18)Phyllis Pollack

Typically, before I discuss the topic of mediation ethics with my students, I delve into the topic of “negotiation ethics” in general.

Kim Taylor

Powerful Words on Inclusion and the Impact to Follow

(10/19/18)Kim Taylor

In a recent article, Kim Taylor, senior vice president and chief legal and operating officer at JAMS, discusses the importance of inclusion and diversity as it relates to alternative dispute resolution (ADR) and specifically arbitration.

Jonathan Rodrigues

The Mediation Advocate’s Alphabet

(10/19/18)Jonathan Rodrigues

From limited experiences, learning from mistakes, compliments from clients, advise from mentors and suggestions from peers, here is a guidebook with some cheat codes for any amateur lawyer looking to rehearse before a Mediation.

Click here for MORE ARTICLES