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Mediation Ethics Articles


Mediation Ethics Articles


Hiring a Divorce Attorney? Buyer Beware

(1/19/18)Mark Baer

John Keith wrote the following: “It is inherent in our role that we fight other peoples’ battles, but this duty encourages us to identify with our clients and view their battles as our own.”

The Picasso Trick for Better Problem Solving

(1/12/18)Tammy Lenski

When we become too wedded to our own solutions, conflict resolution conversations can get pretty stuck.

Mediating Blood Feuds in the Cretan Mountains

(1/12/18)Christian Radu Chereji

One tradition on Crete is the persistence of blood feuds, conflicts between clans that go for generations, involving armed violence and bloodshed.

Champions of Peace

(1/12/18)Bruce Edwards

Remember, we are not just developing an individual practice. We are reshaping a legal culture, while building an industry.

Confusing Dispute Resolution Jargon

(1/05/18)John Lande

In response to my question, “Do you use “BATNA” wrong?,” I plead guilty, with an explanation.

On the Road to Solutions that Work for All

(1/05/18)John Sturrock

The idea of our bus tour was to engage local communities in conversations about what was important to them in their area and explore how effective dialogue can aid problem-solving, help resolve contentious issues and reduce conflict.

Arbitration of Criminal Plea Bargains? A Step Too Far Says Ninth Circuit

(1/05/18)F. Peter Phillips

This article discusses the decision holding that disputes between a putative criminal defendant and a private company contracted by a prosecutor pursuant to a criminal diversion process are not subject to arbitration.

The Role of the Apology in Abuse Redress Schemes

(1/05/18)Greg Rooney

The profound apology has been an essential part of abuse redress schemes adopted by a number of religious institutions in Australia for supporting victims of abuse within their organisations.

The Arbitration from Hell and How the New York Courts Got It Wrong

(12/28/17)Norman Solovay

This article will explain why the First Department was wrong in 2015 when it unanimously affirmed a lower court’s arbitration decision.

I Would Never ...

(12/22/17)Cinnie Noble

The other day a coaching client told me that she became angry at a man she works with who criticized how she managed a situation.

Aboriginal and Torres Strait Islander people and ADR

(12/15/17)Shirli Kirschner

This topic is a sizable one which raises many sensitive and complex issues well beyond the scope of any snapshot overview.

Restoring Autonomy to the Clients – A Mediator’s True Calling?

(12/09/17)John Sturrock

A whole day of mediation without a “joint meeting”.

Getting Woke: How Do We Awaken A Sense Of Injustice?

(12/08/17)Peter T. Coleman

This article is number 8 out of 10 Big Ideas on Peace and Justice from the Career of Morton Deutsch.

Embracing ADR

(12/08/17)Kevin McDonnell

In recent years, large companies have embraced arbitration as their preferred method of dispute resolution, particularly in international disputes with suppliers, customers and business partners.

Take Five! – How Adults Can Benefit From A Time Out

(12/01/17)Patricia Porter

The logic behind the time-out method is that if you remove the child from a fun surrounding when they do something wrong, then it will eliminate that behavior.

Compassion: A Route to Realism and to Detecting Impossible Possibilities

(12/01/17)Alia Ismail

Even though some would reasonably argue that compassion could make true reconciliation a possibility, what seems apparent is that compassion could at least reliably function as a detector that filters possible solutions from impossible ones.

Lessons From the ABA's Excellent Report on Mediator Techniques

(11/27/17)John Lande

The ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques recently released an excellent report really worth reading.

Comparative Data on Mediation Websites: Most Visited and Most Linked

(11/20/17)Mediate.com

According to Alexa.com, Mediate.com is most visited and most linked mediation website. In business since 1996, Mediate.com has over 6 million annual site visitors and serves as a bridge between professionals offering dispute resolution services and clients needing these services.

Bringing Your Best Self to a Conflict

(11/17/17)Cinnie Noble

How is the best version of yourself different from the second best version of you?

Conciliation

(11/17/17)Shirli Kirschner

What are the origins of conciliation in Australia?

In Praise of (Good) Disagreements

(11/17/17)John Lande

As they say, if two people always agree, one of them is unnecessary.

Universities are Underinvesting in Efforts to Improve the Quality of Teaching

(11/17/17)Larry Susskind

Given that universities have only two primary tasks -- teaching and research – they ought to be willing to invest as much in improving the quality of their teaching as they do in providing an elaborate infrastructure to support basic and applied research.

Crying Your Eyes Out

(11/10/17)Cinnie Noble

Recently a conflict management coaching client told me she had “cried her eyes out” about a dispute she is having with a co-worker.

I Apologize For Suggesting It !

(11/10/17)Phyllis Pollack

Mediations and their participants never cease to amaze me.

Addressing Injustice: Why and How Do People Seek Justice?

(11/06/17)Peter T. Coleman

10 big ideas on peace and justice from the career of Morton Deutsch - this is piece 7 which focuses on justice.

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