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Ethics Articles


Mediation Ethics Articles


Evaluative Mediation-- Elephants in the Room?

(2/22/19)John Wade

This article explores in relation to “evaluative” or “advice-giving” mediation, what are possible working descriptions, typologies, variations, expressions used, diagnosis and suitability, advantages and disadvantages, and common hurdles.

Confused Conversations

(2/22/19)Maria Simpson

Sometimes when we’re faced with a difficult conversation we over-think it and try to anticipate every single objection that can be raised, or every difficult response we have to make, or every completely unanticipated tangent that “complexifies” the whole conversation.

How Can We Sell The Mediation Product If We Haven’t Worked Out What It Is?

(2/22/19)Greg Rooney

I wish to add to Michael Leathes’ recent post on his suggestion that more field-based research be done into the mediation product and Rick Weiler’s follow-up.

Using Neuroscience to Understand Stress and Improve Mediation

(2/22/19)Jill Tanz

This article explores how neuroscience can help mediators understand the physiologic stress response, its impact on individuals involved in conflict, and how to structure mediation to minimize the negative impact of the stress response.

How SINS ful Are You?

(2/15/19)Phyllis Pollack

In a recent blog, I mentioned that I attended a seminar presented by Professor Blondell discussing ethical fading in mediation. At one point, she mentioned the SINS scale which I had not heard about.

Canadian Business: 5 Ways Co-Mediating Benefits Your Own Mediation Business

(2/10/19)Sharon Sutherland

Mentoring and co-mediating have been fundamental aspects of my mediation work since my first experiences in Toronto some 19 years ago.

Get Curious!

(2/08/19)Lori Frank

This article, from Victoria-based Lori Frank, discusses how to open up your communication by using open-ended questions.

A Lawyer Who Likes to Coach: What’s Up with That?

(2/08/19)Ron Pizzo

In many ways, what coaches and lawyers do in the work place is very similar, just from a different point of view.

Should Guilt and Shame Have a Place in Mediation?

(2/05/19)Sarah Peyton

Have you considered that, while we traditionally believe that our "conscience" tells us what is right and what is wrong, conscience, in practice, actually is a functional strive for harmony with those around us?

Why Investigations Always Need to Look Twice

(2/01/19)Katherine Graham

We like things simple, and often that means not making the effort to understand the full picture and specific legal context.

Canadian Ombudsman Impartiality Is a Delicate Balance

(2/01/19)Michael Erdle

The recent announcement that another major Canadian bank is withdrawing from the national banking ombudsman service in favour of a private dispute resolution service for customer banking complaints raises interesting questions about independence and impartiality.

Effective Conflict Management versus a Quick “Fix”

(1/25/19)Lorraine Segal

Sometime potential individual clients or institutions and organizations who want to hire me are looking for a quick fix for their longstanding conflict management problems.

New Mediator Self-Reflection Tool

(1/25/19)Susan Yates

Even though mediators work very closely with people when we mediate, typically no one else in the room shares our mediator perspective.

Disability, Conflict, and Adaptive Thinking

(1/22/19)Amy Sereday

As a conflict resolution practitioner, one of my goals is to change the way people see conflict.

Hosting Gregorio Billikopf's Empathic Listening Audio Seminar

(1/11/19)Gregorio Billikopf

Last year, I came across an awesome free resource for learning mediation and as part of that, empathic listening.

Book Review: NEGOTIATION Things Corporate Counsel Need to Know but Were Not Taught by Michael Leathes (Wolters Kluwer 2018)

(12/28/18)Sylwester Pieckowski

This book teaches us many things, such as that the dynamics of neuroscience may make our your eyes glaze over, but understanding the basics of brain science improves negotiation.

Supreme Court of India - Mediation Training Manual

(12/28/18)Supreme Court of India

Mediation has emerged as a fast growing disputes redressal mechanism. The Supreme Court of India has constituted Mediation and Conciliation Project Committee (MCPC) to oversee the effective implementation of Mediation and Conciliation in the country.

Comparative Data on Mediator Directory Websites

(12/25/18)Mediate.com

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

Practice Informed By Research: Cross Cultural Approaches Informing Mediation

(12/21/18)David Smith

In this article, Smith describes his views on the importance of research informing practice. He shares the experiences of his students Laura Mahan and Joshua Mahuna presenting at an academic conference including about their theory of the integration of cross cultural approaches in mediation.

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.

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.

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