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Ethics Articles


Mediation Ethics Articles


Online Dispute Resolution: the “New Normal”

(5/18/18)Marcy Einhorn

It may come as a surprise that online dispute resolution has been around for more than twenty years.

Reflections on North and South Korea

(5/17/18)Kenneth Cloke

As I write these words, a meeting is being organized in Singapore between the US and North Korea, and it is worth reflecting for a moment on how it happened that the world suddenly changed.

Managing a Resentment Relapse at Work

(5/04/18)Lorraine Segal

A client of mine had a resentment relapse recently.

Two Simple Steps For A More Successful Mediation

(5/03/18)Erin McCoy Alarcon

This article discusses how active listening and creative problem solving help move discussions forward toward resolution.

Recognizing The Signs Of A Conflict Storm

(4/20/18)

By paying attention to the early signs of conflict, you become more aware of a potentially slow-growing storm.

Over Confidence Can Kill!

(4/20/18)Phyllis Pollack

While typically we discuss the over confidence bias in the context of negotiations, trials and other non-life-threatening events, this bias applies to all situations.

Amplifying Ombuds Trends with Data

(4/20/18)Jennifer Smith Schneider

How does an ombuds define a trend, and how can one know if the issue is truly pervasive or of consequence?

Neutral Analysis: A Powerful and Effective Tool

(4/20/18)Clarence Pozza

In a wide range of disputes, counsel and their clients have increasingly turned to neutral analysis and evaluation.

Comparative Data on Mediation Websites: Most Visited and Most Linked

(4/18/18)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 people needing these services.

Restorative Practices in Juvenile Criminal Proceedings

(4/13/18)Maria Paola Felibert, Maria Eugenia Sole

This article moves from theory to practice by demonstrating an approach from a real case in Latin America.

What I Learned About Conflict From Cheetahs

(4/05/18)Cinnie Noble

The dwindling of the cheetah population is due to the conflict between them and men.

Settlement Ethics 101

(3/23/18)Phyllis Pollack

So… is the attorney in the Daniels/Trump case in a no-win situation here?

Be a Glass Half-full Mediator

(3/22/18)Sandeep Bhalothia, Achintya Sharma

Use of mediation in resolving commercial and family disputes is gaining popularity worldwide and a lot have been written about its benefits. However, in this article, we discuss the necessity of optimism in a mediator - without which hardly any mediation can be successful.

Interview with Doug Yarn

(3/21/18)Doug Yarn

This is the complete interview by Robert Benjamin with Doug Yarn, a leading conflict resolution academic, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Splitting America Redux: Implications for Keeping our Kids Safe

(3/16/18)Donald T. Saposnek

After 911, our lives changed seemingly forever. No longer a safe, secure, innocent society, Americans have come to a tipping point.

Why Ego Management is Key to Effective Mediation

(3/16/18)Bruce Edwards

In the 1990s, the very suggestion of facilitated negotiation was viewed with equal parts suspicion and contempt by most seasoned trial lawyers

Healing Effects of Mediation on Kids to Achieve and Spread Infinite Positive Outcomes

(3/16/18)Denisha Shah

The article is sums up the infinite reasons/ outcomes that the healing effects of mediation can bring to kids in our society.

Supreme Court’s Grant of Cert Will Examine Difference Between “Arbitrability” and “Jurisdiction”

(3/09/18)F. Peter Phillips

One of the issues before the Supreme Court right nowis particularly interesting.

Small Claims Courts 2.0 - Online Dispute Resolution in Action at Franklin County Municipal Court

(3/09/18)Giuseppe Leone

For decades now, small claims courts have been offering a great service to our society. But now that most of us have a smart-phone, they can do an even better job.

SCOTX Holds Payday Lender Did Not Waive Right to Arbitration

(3/02/18)Beth Graham

The Supreme Court of Texas has ruled that a payday lender did not waive its right to compel arbitration against the company’s defaulting customers.

Mediators and Interpreters: A Team Approach

(3/02/18)Steven Leigh

This article will examine suggested conditions that should be examined by the mediator prior to asking the interpreter or translator for their professional service in the mediation session.

Norwegian Legislature to Consider Mandating Student Ombuds for All Universities

(3/01/18)Clare Fowler

A committee of the Storting (Norway's supreme legislature) has approved a proposal to mandate Studentombud for all universities in the country. At present, ten universities provide Student Ombuds programs, which serve about two-thirds of all university students. 

Letting Conflict Define Us

(2/22/18)Cinnie Noble

There are times we get so caught up in a dispute that we become defined by it.

How to Get Rid of 80% of Your Unhappiness in Relationships

(2/22/18)Meredith Richardson

Have you heard of the 80/20 Rule? The theory is that 80% of consequences are a direct result of 20% of causes.

How Turkey Went from Virtually Zero to 30,828 Mediations in Just One Month

(2/22/18)Leonardo d'Urso

Mediation and the “Snowball” Effect in the Mediterranean: How Turkey Went from Virtually Zero to 30,828 Mediations in Just One Month (and Greece is Next!).

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