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Ethics Articles


Mediation Ethics Articles


Stop Being a Damned Fool

(12/07/18)John Lande

Many lawyers are frustrated with their actual clients at times and are tempted to tell them the same thing – and sometimes do.

Findings from an Evaluation of Eight Foreclosure Mediation Programs

(12/07/18)Jennifer Shack

One great benefit of evaluating eight programs with different approaches to resolving the same cases is that it allowed me to uncover program design factors and other variables that promote program success.

Essential Tips on Writing an Effective Mediation Submission

(12/06/18)Paul Bates

Mediation and the written agreement has become integral to the litigation process and offers avenues through which disputes can be settled amicably.

Comparative Data on Mediator Directory Websites

(12/02/18)Mediate.com

According to new data from Alexa.com, Mediate.com is most visited and most linked mediator directory website.

Legal Stress

(11/30/18)John Lande

This post provides excerpts from my research summarizing significant stresses affecting each of these groups and notes resources and ideas for dealing with them.

Every Dispute is Two Disputes

(11/30/18)Phyllis Pollack

The theme of the session was that while being intelligent is good, it is also very important to have emotional intelligence; the ability to tap into the emotions of others, or to read people.

Interruption and Self-Determination

(11/30/18)Dan Simon

Chaos? A mediation out of control? A weak mediator? I don’t think so.

Saving Homes, Building Understanding

(11/30/18)Eric Slepak

This new evaluation looks at four-plus years of data across eight different programs to provide a comprehensive analysis of foreclosure mediation in Illinois, and to highlight how differences in program models impacted outcomes.

Liberia, Its Poverty Recovery Strategies and Failures, and Why Its Pro-poor Agenda will Fail if Lacked Future Perspectives

(11/30/18)Robert Quiminee

This article discusses Liberia's path to peace and liberation, 1871 - 2017.

Is the Einstellung Effect Interfering With Your Problem Solving?

(11/16/18)Tammy Lenski

The Einstellung Effect is a cognitive trap that prevents us from seeing better or simpler solutions to problems we’re trying to solve. Here’s how to recognize it and reduce its effect.

Scorched Earth Clients: Mediating with High Conflict People

(11/12/18)Darrell Puls

You have met them if you have been mediating for any length of time: High Conflict People.

Dishonesty

(11/01/18)Colin Rule

I’d wager we’ve all had a friend or family member share one of their new creations with us (maybe a poem, or an article, or a intending-to-be-funny youtube video) and ask, excitedly, “What do you think?”

Heartbroken in Pittsburgh

(11/01/18)Andrea Schneider

I thought that teaching the Kavanaugh hearings in a careful and respectful manner a few weeks ago would be the biggest teaching challenge of the semester. I was wrong.

Two Points: Detrimental to any Mediation Process

(10/26/18)Muhammed Rafeeque

The post is about TWO points which may go against the Mediation Process in India: (i) A constant persuasion of Mediator on either parties would have opposite effect.

Ethical Fading

(10/19/18)Phyllis Pollack

Typically, before I discuss the topic of mediation ethics with my students, I delve into the topic of “negotiation ethics” in general.

Powerful Words on Inclusion and the Impact to Follow

(10/19/18)Kim Taylor

In a recent article, Kim Taylor, senior vice president and chief legal and operating officer at JAMS, discusses the importance of inclusion and diversity as it relates to alternative dispute resolution (ADR) and specifically arbitration.

The Mediation Advocate’s Alphabet

(10/19/18)Jonathan Rodrigues

From limited experiences, learning from mistakes, compliments from clients, advise from mentors and suggestions from peers, here is a guidebook with some cheat codes for any amateur lawyer looking to rehearse before a Mediation.

Blind Justice: Can Individuals Be Bound to Arbitration Clauses They Can’t Read?

(10/13/18)Michael Heller

The First U.S. Circuit Court of Appeals in Boston recently declined to enforce an arbitration clause in the Container Store’s loyalty program against blind customers.

Mediation Power Imbalances: Weighing the Arguments

(10/12/18)Nigel Dunlop

It is commonly said that power imbalances in mediation render it unfair.

What Do Marriage Counselors and Mediators Do?

(10/12/18)Ben Hartwig

There is a big difference between marriage counselors and mediators, and each is specific to the condition of a relationship.

Como Las Luciernagas Generando Luz - en espanol

(10/05/18)Maria Victoria Marun, Maria Eugenia Sole

Actualmente es común usar expresiones como "polarización" o "grieta" para describir las actitudes con las que los habitantes, políticos y gobiernos de diferentes países plantean o debaten sus problemas.

Like the Fireflies Generating Light

(10/05/18)María Victoria Marun, Maria Eugenia Sole

It is currently common to use expressions such as "polarization" or "crack" to describe the attitudes with which the inhabitants, politicians and governments in different countries raise or debate their problems.

Mediation – Engaging the Rhythm of Polyvagal Regulation

(10/05/18)Michelle Brenner

What do garden snails, lizards and humans all have in common?

Conflict Assumptions

(9/28/18)Cinnie Noble

When we are in conflict with another it is often the case that we make assumptions about her or him.

Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments

(9/28/18)John Lande

Litigation offers many potential benefits. It can help people solve difficult problems, make relationships and institutions function properly, and promote justice.

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