Mediation Ethics Section


Mediation Ethics Articles


Frank Burke

Temporary or Partial Impracticability and Frustration of Purpose and Pandemic Affected Contracts and Leases

(3/19/21)Frank Burke

When the circumstances giving rise to the impracticality or frustration cease to exist, then Section 269 affords a party a reasonable time to resume performance.

Kathleen Kauth

Managing Expectations to Avoid Conflict

(3/19/21)Kathleen Kauth

Expectations are part of living as a human being. If we are in a relationship, we expect to be treated a certain way.

Martin Rosenfeld

ADR Principles and Clergy-Congregation Relations

(3/19/21)Martin Rosenfeld

It is likely that a large majority of clergy who serve congregations are hired, re-hired or terminated by the vote of the individual congregation.

Daniel Dana

Peace is Possible

(3/19/21)Daniel Dana

This is a haiku supporting the workers in Hungary as they work toward establishing peace.

Colin Rule

Evolution of the Mediation Field: Monthly Conversation Series with Field Leaders

(3/10/21)Colin Rule

As an ongoing Mediate.com Premium Membership benefit, Mediate is now hosting, on a monthly basis, an ongoing series of live online conversations with top mediators and conflict resolvers from around the world.  Here is detailed description of the first 9 live conversations.

Bhavya Mahajan

Mediating Workplace Sexual Harassment: The Road Less Taken

(3/08/21)Bhavya Mahajan

This piece on mediating workplace sexual harassment cases provides an overview of what the mediation process would entail, the advantages of mediating such cases, and a brief discussion about the Indian perspective as regards workplace sexual harassment.

Veera Mahajan

Domestic Harmony For Better Future Of Our Children

(3/08/21)Veera Mahajan

I remember standing by the wall with my brothers and crying while my father was beating my mother.

Amy Foust

CPRAM21: Committing to More Diversity in ADR

(3/05/21)Amy Foust

If you missed the 2021 CPR Annual Meeting in January—the first free public meeting held online in the organization’s 40-year history—the videos are being posted on CPR’s YouTube Channel.

Richard Birke

[NAWJ Podcast] Technology in the Courts and in ADR: Meeting the Moment

(2/26/21)Richard Birke

JAMS has developed a multi-pronged strategy to offer virtual ADR to its clients.

Colm Brannigan

The Ten or Twelve Top Reasons (More or Less) for Not Mediating a Dispute - Revisited

(2/11/21)Colm Brannigan

At the beginning of a new year, it seems a good time to look back on some of the common excuses, sorry, reasons, for refusing to mediate that occasionally continue to circulate especially in litigated cases.

Sunny Sassaman

The Opportunity of Rejection

(2/05/21)Sunny Sassaman

Fear of rejection can inhibit ones possibilities to reach full potential in life and in the mediation room. Based on an experiment of actively seeking rejection, what can a mediator learn from the connection between conflict and rejection?

Kathleen Kauth

Start with the Small Rocks

(2/05/21)Kathleen Kauth

In Stephen Covey's book "First Things First" he talks about looking at a jar as the amount of time and energy you have, and a pile of rocks as your tasks.

Phyllis Pollack

An Ethical Dilemma: What To Do?

(2/02/21)Phyllis Pollack

Teaching mediation ethics has its good points and bad points.

Nina Meierding

Mediate.com Instructor Discusses Implicit Bias: We All Have It

(1/27/21)Nina Meierding

Nina Meierding discusses her training on implicit bias, and what we can do to become "bias aware."

Jim Melamed

How Can We Best Make and Maintain Quality Mediators?

(1/23/21)Jim Melamed, Forrest (Woody) Mosten

Under the leadership of Forrest (Woody) Mosten, Mediate.com's Online Mediation Training Task Force is tackling a huge issue: "How can the mediation field now and in the future best make and maintain quality mediators?

Phyllis Pollack

Start 2021 with Apology and Forgiveness!

(1/22/21)Phyllis Pollack

It struck me that as we start 2021, perhaps it is a good time to “turn over a new leaf” by apologizing for our acts and/or omissions and forgiving others for their acts/omissions committed in 2020.

John Sturrock

Recognizing Trauma: Litigation and Politics are Harming Us

(1/22/21)John Sturrock

I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatized by the litigation process to which they had been exposed. Depression, suicidal thoughts, anger, loathing, destroyed relationships, large amounts of money spent with no discernible value.

Kathleen Kauth

Cyclical Nature of Interpersonal Conflict

(1/22/21)Kathleen Kauth

When talking about domestic violence, you often hear about the cycle of abuse.

Larry Bridgesmith

Radical Collaboration

(1/21/21)Larry Bridgesmith

Collaboration is an emerging platform for economic success in law.

Kenneth Cloke

10 Actions We Can Take to Turn Adversarial, Autocratic, Power-Based Political Conflicts into Collaborative, Democratic, Interest-Based Social Problem Solving

(1/08/21)Kenneth Cloke

Because democracy is open, it is vulnerable to demagogues and autocrats; yet because it is open, it is also resilient, able to learn and improve, and responsive to popular wisdom.

Bruce Ally

Theory vs. Reality: Where the Rubber Hits the Road

(1/05/21)Keshia Osbourne, Bruce Ally

After spending four months and 140 hours of intense theoretical study, I walked away from one of Toronto’s leading Universities with a certificate in Dispute Resolution. This was what happened when I stepped in to the real world.

Don Cripe

Is My Bias Showing?

(12/27/20)Don Cripe

In his recent book, Online Courts and The Future of Justice, author Richard Susskind posits, “…litigants do not really want courts, judges, lawyers, rules of procedure, and the rest. More likely, they want not to have a problem at all."

Phyllis Pollack

Reflections on the last 525,600 minutes!

(12/22/20)Phyllis Pollack

This article looks at: What three things have I learned in the last 525,600 minutes?

Mark Baril

What to Do When Abrasive Behavior Disrupts Your Mediation Process

(12/18/20)Mark Baril

As mediators, we are hired and trusted to come into a situation and use our best judgment and experience to deliver results in the form of durable negotiated agreements and changed behavior. In rare situations we will encounter abrasive behavior by one or more parties, and in those cases we must be prepared to shift our process to accommodate the landscape and serve the parties in the best way possible.

Kenneth Cloke

The 2020 Elections, Mediation, and the Political Divide -- What Next?

(12/14/20)Kenneth Cloke

Biden and Harris won the election, but what exactly did they win? What was lost in the process? And, as mediators and citizens, what do we do next?

Click here for MORE ARTICLES

Mediation Ethics Articles


Frank Burke

Temporary or Partial Impracticability and Frustration of Purpose and Pandemic Affected Contracts and Leases

(3/19/21)Frank Burke

When the circumstances giving rise to the impracticality or frustration cease to exist, then Section 269 affords a party a reasonable time to resume performance.

Kathleen Kauth

Managing Expectations to Avoid Conflict

(3/19/21)Kathleen Kauth

Expectations are part of living as a human being. If we are in a relationship, we expect to be treated a certain way.

Martin Rosenfeld

ADR Principles and Clergy-Congregation Relations

(3/19/21)Martin Rosenfeld

It is likely that a large majority of clergy who serve congregations are hired, re-hired or terminated by the vote of the individual congregation.

Daniel Dana

Peace is Possible

(3/19/21)Daniel Dana

This is a haiku supporting the workers in Hungary as they work toward establishing peace.

Colin Rule

Evolution of the Mediation Field: Monthly Conversation Series with Field Leaders

(3/10/21)Colin Rule

As an ongoing Mediate.com Premium Membership benefit, Mediate is now hosting, on a monthly basis, an ongoing series of live online conversations with top mediators and conflict resolvers from around the world.  Here is detailed description of the first 9 live conversations.

Bhavya Mahajan

Mediating Workplace Sexual Harassment: The Road Less Taken

(3/08/21)Bhavya Mahajan

This piece on mediating workplace sexual harassment cases provides an overview of what the mediation process would entail, the advantages of mediating such cases, and a brief discussion about the Indian perspective as regards workplace sexual harassment.

Veera Mahajan

Domestic Harmony For Better Future Of Our Children

(3/08/21)Veera Mahajan

I remember standing by the wall with my brothers and crying while my father was beating my mother.

Amy Foust

CPRAM21: Committing to More Diversity in ADR

(3/05/21)Amy Foust

If you missed the 2021 CPR Annual Meeting in January—the first free public meeting held online in the organization’s 40-year history—the videos are being posted on CPR’s YouTube Channel.

Richard Birke

[NAWJ Podcast] Technology in the Courts and in ADR: Meeting the Moment

(2/26/21)Richard Birke

JAMS has developed a multi-pronged strategy to offer virtual ADR to its clients.

Colm Brannigan

The Ten or Twelve Top Reasons (More or Less) for Not Mediating a Dispute - Revisited

(2/11/21)Colm Brannigan

At the beginning of a new year, it seems a good time to look back on some of the common excuses, sorry, reasons, for refusing to mediate that occasionally continue to circulate especially in litigated cases.

Sunny Sassaman

The Opportunity of Rejection

(2/05/21)Sunny Sassaman

Fear of rejection can inhibit ones possibilities to reach full potential in life and in the mediation room. Based on an experiment of actively seeking rejection, what can a mediator learn from the connection between conflict and rejection?

Kathleen Kauth

Start with the Small Rocks

(2/05/21)Kathleen Kauth

In Stephen Covey's book "First Things First" he talks about looking at a jar as the amount of time and energy you have, and a pile of rocks as your tasks.

Phyllis Pollack

An Ethical Dilemma: What To Do?

(2/02/21)Phyllis Pollack

Teaching mediation ethics has its good points and bad points.

Nina Meierding

Mediate.com Instructor Discusses Implicit Bias: We All Have It

(1/27/21)Nina Meierding

Nina Meierding discusses her training on implicit bias, and what we can do to become "bias aware."

Jim Melamed

How Can We Best Make and Maintain Quality Mediators?

(1/23/21)Jim Melamed, Forrest (Woody) Mosten

Under the leadership of Forrest (Woody) Mosten, Mediate.com's Online Mediation Training Task Force is tackling a huge issue: "How can the mediation field now and in the future best make and maintain quality mediators?

Phyllis Pollack

Start 2021 with Apology and Forgiveness!

(1/22/21)Phyllis Pollack

It struck me that as we start 2021, perhaps it is a good time to “turn over a new leaf” by apologizing for our acts and/or omissions and forgiving others for their acts/omissions committed in 2020.

John Sturrock

Recognizing Trauma: Litigation and Politics are Harming Us

(1/22/21)John Sturrock

I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatized by the litigation process to which they had been exposed. Depression, suicidal thoughts, anger, loathing, destroyed relationships, large amounts of money spent with no discernible value.

Kathleen Kauth

Cyclical Nature of Interpersonal Conflict

(1/22/21)Kathleen Kauth

When talking about domestic violence, you often hear about the cycle of abuse.

Larry Bridgesmith

Radical Collaboration

(1/21/21)Larry Bridgesmith

Collaboration is an emerging platform for economic success in law.

Kenneth Cloke

10 Actions We Can Take to Turn Adversarial, Autocratic, Power-Based Political Conflicts into Collaborative, Democratic, Interest-Based Social Problem Solving

(1/08/21)Kenneth Cloke

Because democracy is open, it is vulnerable to demagogues and autocrats; yet because it is open, it is also resilient, able to learn and improve, and responsive to popular wisdom.

Bruce Ally

Theory vs. Reality: Where the Rubber Hits the Road

(1/05/21)Keshia Osbourne, Bruce Ally

After spending four months and 140 hours of intense theoretical study, I walked away from one of Toronto’s leading Universities with a certificate in Dispute Resolution. This was what happened when I stepped in to the real world.

Don Cripe

Is My Bias Showing?

(12/27/20)Don Cripe

In his recent book, Online Courts and The Future of Justice, author Richard Susskind posits, “…litigants do not really want courts, judges, lawyers, rules of procedure, and the rest. More likely, they want not to have a problem at all."

Phyllis Pollack

Reflections on the last 525,600 minutes!

(12/22/20)Phyllis Pollack

This article looks at: What three things have I learned in the last 525,600 minutes?

Mark Baril

What to Do When Abrasive Behavior Disrupts Your Mediation Process

(12/18/20)Mark Baril

As mediators, we are hired and trusted to come into a situation and use our best judgment and experience to deliver results in the form of durable negotiated agreements and changed behavior. In rare situations we will encounter abrasive behavior by one or more parties, and in those cases we must be prepared to shift our process to accommodate the landscape and serve the parties in the best way possible.

Kenneth Cloke

The 2020 Elections, Mediation, and the Political Divide -- What Next?

(12/14/20)Kenneth Cloke

Biden and Harris won the election, but what exactly did they win? What was lost in the process? And, as mediators and citizens, what do we do next?

Click here for MORE ARTICLES