Mediation Ethics Articles
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.
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.
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.
How can we assist the healing of a broken world when we ourselves are far from healed?
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.
The Roots of Intolerance and Opposition to Compromise: The Effects of Absolutism on Political Attitudes
With increasing political polarization in the United States, political absolutists are halting the practice of compromise and collaboration for their Congressional representatives.
In this article, I aim to identify two opposite interests associated with the settlement of domestic violence cases, and look at the Indian law to see how those two interests are equitably balanced, therefore, providing a recommended way forward, not necessarily a perfect one, to handle cases related to domestic violence.
During a recent discussion of ethics, I asked whether it would be proper to hide information.
What have we learned from the mediators working tirelessly to promote the institutional and cultural changes necessary to implement mediation within their home countries?
In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”).
Discrimination is a tightening net of issues and demands around HR.
This millennial generation demands quick, accessible and tech-ridden supply of solutions to all its needs. How, then, does this generation remain indifferent and accommodating of the traditionally inefficient court system?
Whether it is a minor slip of the tongue or an entire foot in the mouth, either can lead to some uncomfortable moments followed by the instinct to explain what was “really meant.”
As soon as you begin to contemplate divorce, the nauseating, panic-attack-inducing realization of losing half of your net worth kicks in and you find yourself wondering if it’s even worth it to consider leaving if you’re just going to end up broke and starving.
It happens, at times, that our conflicts get blown out of proportion.
Educating the next generation about conflict resolution skills--early in life--is essential on many levels.
In this article, Anveksha Padhye does a critical analysis on whether mediation is an effective ADR mechanism or not.
Legal recriminations and punishments usually only limit the conversation.
Leading national family mediation organizations, including Mediate.com, have abided by common standards for divorce and family mediation for over two decades. Do these standards need to be updated to address issues of online mediation? If so, how?
For most mediations, having the financial relationship between the mediator and the clients prepaid through a retainer can be a very strong impetus towards making the mediation process stronger and more effective.
Mediation may be described as a process that evolves over four different phases. It begins in a joint session and ends in a final joint session.
This looks at a PON article which discusses four reasons why a negotiator might proceed down the slippery slope of an ethical lapse.
I have said this before and will say it again: talking to the other party does wonders.