Category: Ethics

By Robert Bergman, CEO of Southwest Management Technology Canada’s proposed Bill C-36 represents one of the most significant privacy law...

In civil mediations, one of the most critical boundary lines in the entire ADR profession revolves around a simple question:...

Eric Friedman is the founder of Mediation First NJ LLC, based in Livingston, New Jersey. He can be reached at...

With the rapid growth of ODR in a number of sectors it is vital to establish ethical standards to undergird...

Artificial intelligence is rapidly becoming part of everyday ADR practice. Mediators and arbitrators now encounter AI tools in document review,...

The following slide presentation will be utilized by Jim Melamed for his session “Integrating AI into IP Mediation” offered by...

Table of Contents Agreement to Mediate – AI Confidentiality Provision Below is a provision that can be added to an...

Introduction Med-Arb combines mediation and arbitration into a single, seamless alternative dispute resolution (ADR) process that blends collaboration and flexibility...

For much of its modern development, mediation has been shaped by jurisdiction. Training pathways, accreditation frameworks, and professional bodies have...

What Compliance-Oriented Teams in Legal, Healthcare, and Finance Actually Need to Watch A few weeks ago, a colleague on our...

Below is a provision that can be added to an Agreement to Mediate to preserve and extend mediation contractual confidentiality....

The phenomenon of impasse in mediation represents more than a mere cessation of dialogue; it is a critical juncture where...

For the sake of transparency and self-protection, let me start by saying I am not an attorney, and I am...

Mediation is, by its nature, a reflective profession. It asks practitioners to hold space for others, to manage complexity, and...

The International Association of Privacy Professionals is a global membership organization focused on privacy, data protection, and AI governance. It...

Neutrality Is Not a Style — It Is a Structural Obligation When lawyers step into mediation as neutrals, they often...

The Question? Last week a California colleague forwarded me the following question. If I as the mediator put confidential case information...

You are deep into a productive, self-represented (pro se) divorce mediation. The parties are communicating, and progress is being made....

“The death of human empathy is one of the earliest and most telling signs of a culture about to fall...

"I don't know where we are going, but I know exactly how to get there." —Master Tracker Rhenius This paradox...

My latest Theory Meets Practice column in CPR’s Alternatives magazine, How Legal and Dispute Resolution Professionals Can Manage AI Risks, explains how to assess and...

Abstract This article outlines a new professional framework for mediation that moves beyond traditional ethics to prioritize Participant Empowerment and...

Introduction: Why This Opinion Matters Now  Mediators routinely operate at the intersection of law, psychology, and negotiation. In court-connected mediation—particularly when one or...

Using Pre-Mediation Support to Strengthen Interest-Based Outcomes Family mediators, particularly those working with self-represented parties, understand that the success of...

[This article first appeared in the Massachusetts Lawyers Weekly (January 5, 2026) and is published here with permission.] In October...

Table of Contents Next INTRODUCTION: ABOUT THIS BOOK So, what exactly counts as “a book” these days? In the pre-digital...

Kluwer Mediation Blog This year, I think I have seen more articles on why and how NOT to make New...

Reprinted from Tammy Lenski's blog and from Coca-Cola's newsletter. The holidays can be a cheerful time — with plenty of...

The laudable, if not elusive, goal of mediator certification is a topic of debate almost as old as the profession...

Family mediators frequently work with separating couples described as “high conflict.” The phrase appears neutral, professional, and clinically descriptive. But...