Mediation Ethics Articles
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 you are in conflict, what are your unmet needs? What are the unmet needs of the person with whom you are in conflict?
When I get a call about workplace conflict, I often find that these 4 things are true.
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.
We all have cognitive biases.
This article discusses the Zen at the Gym (part 3).
“Recognize the strengths of the other guy’s argument and the weaknesses of your own. Keep an open mind while listening.” - by Jake Sullivan.
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.
I share a tale of two wrongful dismissal mediations conducted weeks’ apart.
When we notice resistance, a typical response is to try persuading them out of their resistance.
The disruptive force of technology has led to innovative dispute resolution practices that increase access to justice and also raise new ethical considerations.
This is a book review by Todd Jarvis of The Spirit of Dialogue: Lessons from Faith Traditions in Transforming Conflict by Aaron Wolf.
As practitioners and clients alike are well aware, international arbitration is not without its risks.
The National Task Force on Lawyer Well-Being just issued its report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.
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).
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.
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.
"The blame is theirs. The lesson for us is that America’s hostage negotiation strategy is broken."
We transition from the family we were born into to the ones we create.
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
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.
Mediation confidentiality in California will end on January 1, 2019...unless YOU take action now.
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 a significant change in our life suddenly occurs, we experience a jolt. What’s going to happen next?
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.