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Mediation Ethics Articles


Mediation Ethics Articles


How to Talk About Mental Health Without Offending Everyone - TEDx

(8/11/17)Dan Berstein

Mediator Dan Berstein shares his journey to being open with his bipolar disorder, and how conflict resolution skills can help us overcome barriers to having conversations about mental health. In this profound story, learn how to get past the assumptions, paternalism, and stigma to make room for the other person's story and connect.

Formula for Success

(8/03/17)Steven Goldman

This article deals with a formula for success in mediating and fostering positive interactions and outcomes: C + S + T – AR = SI, collaboration, plus synergy, plus teamwork, minus adversarial relationships, equals successful interactions.

Bill Richardson: America’s hostage negotiation strategy is broken

(7/28/17)Jeff Thompson

"The blame is theirs. The lesson for us is that America’s hostage negotiation strategy is broken."

Why Do I Love What I Do?

(7/21/17)Joy Rosenthal

We transition from the family we were born into to the ones we create.

Serious Gaming in Water

(7/21/17)Todd Jarvis, Shelby Hockaday, Fatima Taha

This paper discusses the use of serious gaming as a method for water resource conflict-negotiation.

A California Correction? Legislature Will Consider Allowing Attorney Malpractice Proof from Mediation

(7/20/17)Jeff Kichaven

The evidence is in. After 43 years of federal practice under Rule 408 of the Federal Rules of Evidence (1975); 19 years of New York practice under CPLR 4547 (1998); and 16 years of practice in various states under the Uniform Mediation Act (2001), we can conclude: Statutory confidentiality is not necessary for effective mediation.

California Mediation Confidentiality Will End, Unless…

(7/14/17)Ron Kelly

Mediation confidentiality in California will end on January 1, 2019...unless YOU take action now.

If Only…?

(7/14/17)Phyllis Pollack

Have you ever asked yourself, “What if I had taken a different route? Then I would not have been involved in the auto accident?”

When Change Happens: Embracing The End First Before Starting Anew

(7/07/17)Patricia Porter

When a significant change in our life suddenly occurs, we experience a jolt. What’s going to happen next?

The CLRC’s Tentative Recommendation on Mediation Confidentiality!

(7/07/17)Phyllis Pollack

If passed by the legislature, new Evidence Code section 1120.5 would allow parties to pursue claims against counsel for “legal malpractice” occurring in a mediation context.

Conscious and Unconscious Thinking in Mediators

(7/07/17)Jennifer Shack

The mediation field now has more information in our push to unlock the black box of mediation.

Reality Testing: The Right Dose at the Right Time

(7/07/17)Bernard Morrow

No one begins a dispute thinking they might be wrong.

The ADR Imperative to Ensure Access to Justice

(7/07/17)Bruce Edwards

On July 6, 2017 a diverse group from the dispute resolution community—lawyers, judges, academics, arbitrators, mediators, policy makers, among others—gathered in London for the latest event in the Global Pound Conferences Series.

California Supreme Court Sets Up Showdown at U.S. Supreme Court over Arbitration Agreements

(7/06/17)Peter Huang

This article analyzes an important recent California case related to arbitration agreements and waivers.

Did They Teach You This In Law School?

(6/30/17)John Sturrock

I recently attended the annual American Bar Association Dispute Resolution conference in San Francisco. Several themes emerged (for me) as fairly critical for modern lawyers. Here’s a top ten.

WIN-WIN in Practice: Mediation Helping with Sports Disputes and Sports Disputes Helping Mediation

(6/30/17)Martin Svatos

Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about.

Mediating Disputes for Effective Healthcare Relationship Firefighting

(6/30/17)Michael Toebe

The practice of healthcare is demanding and stressful. Conflicts materialize in most human interactions and the medical field is no different. Actually, it might be expected. Yet there is a solution.

Where are we Going?

(6/16/17)Jen Reynolds

This article gives an excerpt from Tom Stipanowich's reflections on the mediation field.

Comparative Data on Mediation Websites: Most Visited and Most Linked

(6/13/17)Jim Melamed

According to Alexa.com, Mediate.com is most visited and most linked mediation website.

We Need Science Diplomacy!

(6/09/17)Larry Susskind

My colleague, Professor Paul Berkman, has launched a Science Diplomacy Center at Tufts University. This is a campus-wide initiative coordinated through the Fletcher School of Law and Diplomacy.

Model Standards of Mediator Conduct: Time for Revision?

(6/09/17)Sarah Cole

Is it time to revise the Model Standards for Mediators?

A Bully in Real Life

(6/02/17)Phyllis Pollack

Life’s lessons come when you least expect them, and my mediation training comes in handy at such unexpected times.

Cognitive Bias Revisited

(5/26/17)Michael P. Carbone

By now we should all be familiar with what "cognitive bias" is: a mistake in reasoning or decision-making that is caused by sticking to our own pre-conceived ideas based upon personal preferences or feelings.

Verdict in JAMS Lawsuit

(5/26/17)F. Peter Phillips

A few months ago we posted disconcerting news of a dissatisfied party to a California arbitration who, rather than seeking to vacate the award pursuant to state or federal arbitration statutes, sued the arbitrator and the service provider, alleging that the arbitrator’s qualifications had been misrepresented on the provider’s website.

Reading Emotions

(5/26/17)Joe Markowitz

A character in Guardians of the Galaxy 2 shows that it is often more important to understand emotions than rational thoughts.

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