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Mediation Ethics Articles


Mediation Ethics Articles


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.

What Not to Say After Violence

(10/27/17)Ronald S. Kraybill

An Important Choice: What to Do and Say After Violence?

Micro-Inequities

(10/23/17)Phyllis Pollack

One of the unexpected obligations as a lecturer in law at a major university is that I must participate in harassment prevention training. One topic caught my attention although it was barely mentioned: micro-affirmations.

The Kindness of Strangers—Wildfires, Empathy, and Conflict

(10/23/17)Lorraine Segal

Kindness and empathy can defuse conflict at work, or disagreements even in the midst of disasters.

Challenges to Starting an American Middle-Eastern Cross-Border Mediation Center

(10/13/17)Alia Ismail

Starting a cross-borders mediation center between the US and the Middle East requires interacting with professionals on both continents. Despite appearing differences within both cultures, it seems when programmed patterns are utilized, and no longer serve, professionals shift their behaviors to the total opposite.

When in Conflict, Ask Yourself, “What are the unmet needs?”

(10/06/17)Meredith Richardson

When you are in conflict, what are your unmet needs? What are the unmet needs of the person with whom you are in conflict?

Moving Workplace Conflict from Dysfunctional to Functional

(9/29/17)Meredith Richardson

When I get a call about workplace conflict, I often find that these 4 things are true.

How Does Your Mediator Add Value?

(9/29/17)Bernard Morrow

Most of us don’t go to the symphony to watch the conductor or to a sporting event to see the referees in action, but imagine the chaos without their participation.

Why You Should Avoid Trial and Mediate Instead!

(9/22/17)Phyllis Pollack

We all have cognitive biases.

Your Rules/Their Rules in Conflict Management

(9/22/17)Lorraine Segal

This article discusses the Zen at the Gym (part 3).

Disagreeing

(9/22/17)Maria Simpson

“Recognize the strengths of the other guy’s argument and the weaknesses of your own. Keep an open mind while listening.” - by Jake Sullivan.

Mediation in Domestic Violence Case: Whether to Use or Not to Use? – An Indian Perspective

(9/22/17)Sandeep Bhalothia

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.

Joint Session: A Tale of Two Mediations

(9/14/17)Bernard Morrow

I share a tale of two wrongful dismissal mediations conducted weeks’ apart.

Join the Resistance

(9/08/17)Tammy Lenski

When we notice resistance, a typical response is to try persuading them out of their resistance.

Ethical Principles for Online Dispute Resolution: A GPS Device for the Field

(9/07/17)Leah Wing

The disruptive force of technology has led to innovative dispute resolution practices that increase access to justice and also raise new ethical considerations.

Spirit of Dialogue - Book Review

(9/06/17)Todd Jarvis, Aaron Wolf

This is a book review by Todd Jarvis of The Spirit of Dialogue: Lessons from Faith Traditions in Transforming Conflict by Aaron Wolf.

Arbitration: Third Party Funding Developments in Asia

(9/01/17)Meriam Al-Rashid, Diora Ziyaeva

As practitioners and clients alike are well aware, international arbitration is not without its risks.

Dealing with Causes as Well as Symptoms of Law Students' and Lawyers' Lack of Well-Being

(8/25/17)John Lande

The National Task Force on Lawyer Well-Being just issued its report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.

Commenting on Tentative Recommendation

(8/21/17)Phyllis Pollack

On June 22, 2017, the California Law Revision Commission issued its Tentative Recommendation following its study to create an exception to mediation confidentiality (Study K-402).

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