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Category: Ethics

Newly Neutral author.

Newly Neutral

I have been immersed in the field of ADR as both a provider and practitioner for over 25 years. I...

By Lisa Timmons
The Role of Ombudsmen and The Recurring Ethical Crisis in the American Financial Services Industry author.

The Role of Ombudsmen and The Recurring Ethical Crisis in the American Financial Services Industry

In September 2016, Wells Fargo, a major financial institution of the US, fired over 5000 employees for misconduct, and issued...

By Alia Ismail
Neutrality Trap: The Danger of Staying Silent author.

Neutrality Trap: The Danger of Staying Silent

In its commitment to serving as an institution dedicated to preventing, de-escalating, managing, resolving, and transforming conflicts into opportunities for...

By Papito Francis Ojok
The Ethics to Retaliation: A Potential to Reconciliation author.

The Ethics to Retaliation: A Potential to Reconciliation

Many people resort to retaliation to protect their own authority. Sometimes, demonstrating authority is necessary. When offended, matching others positions,...

By Alia Ismail
4 Tips for a Stress-Free New Years author.

4 Tips for a Stress-Free New Years

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

By Tammy Lenski
Mediator Ethics and Ethical Dilemmas author.

Mediator Ethics and Ethical Dilemmas

While professional ethics for attorneys are required subjects in law schools, ethics for mediators receive much less attention. In most...

By Antoinette Raheem
Training Your Mediator Bot author.

Training Your Mediator Bot

I bet you didn’t know that you need to train your mediator bot. This didn’t occur to me until I...

By John Lande
Artificial Intelligence (AI) in Mediation – ChatGPT as Mediator 4.0 author.

Artificial Intelligence (AI) in Mediation – ChatGPT as Mediator 4.0

ChatGPT – A Revolution in Mediation? Artificial Intelligence technology such as ChatGPT (GPT-3/4 Algorithm) is considered one of the most...

By Sonja Weisheit, Christoph Salger
How Will AI Change Mediation? 3 Bold Predictions author.

How Will AI Change Mediation? 3 Bold Predictions

AI market share in the United States is expected to be $190.61 billion by 2025. 44% of companies want to...

By Shane Ray Martin
Avatar Mediation author.

Avatar Mediation

I’m sure no techie, but probably like you, I have been intrigued about stories about the ChatGPT program.  One illustration...

By John Lande
Reflections on Civility and Ethics author.

Reflections on Civility and Ethics

This article discusses some civility and ethical issues we experience in our professional practices. While accepting the Republican presidential nomination...

By Lee Hornberger
Business vs Values in Negotiation: FIFA and Qatar author.

Business vs Values in Negotiation: FIFA and Qatar

What is the balance in business vs. values in negotiation? Watching this years World Cup has been different but the...

By Bob Bordone
Mediate.com Podcast Episode 30: Using Caucus in Family Mediations with LaTanya Moss author.

Mediate.com Podcast Episode 30: Using Caucus in Family Mediations with LaTanya Moss

There are different perspectives on the use of caucus in mediation. Maybe you use caucus early and often in your...

By Veronica Cravener
Online Dispute Resolution (ODR) Masterclass with Colin Rule in Jan/Feb – Last Week to Register! author.

Online Dispute Resolution (ODR) Masterclass with Colin Rule in Jan/Feb – Last Week to Register!

Join "the Godfather of ODR," Colin Rule, for a dynamic six week intensive course that covers the both the basics...

By Colin Rule
When Mediation Conduct Goes Wrong author.

When Mediation Conduct Goes Wrong

By Deborah S Ballati, Esq. and Patricia H. Thompson Esq. FCIARB While most mediation participants act professionally, with courtesy and...

By Patricia Thompson
Deception or B.S.? author.

Deception or B.S.?

The Harvard Program on Negotiation (PON)  blog posted an article about deception in negotiations.  Entitled, “Ethics In Negotiation: How tthe...

By Phyllis Pollack
Mediate.com Podcast Episode 24: Negotiation Ethics, International Dispute Resolution with Carrie Menkel-Meadow author.

Mediate.com Podcast Episode 24: Negotiation Ethics, International Dispute Resolution with Carrie Menkel-Meadow

Mediators, be sure to take notes on this episode as Veronica talks to one of the founders of the modern legal dispute resolution...

By Carrie J. Menkel-Meadow, Veronica Cravener
Sharing Resources: ADR Academics Create a Repository of Best Teaching Practices author.

Sharing Resources: ADR Academics Create a Repository of Best Teaching Practices

What kind of legal professionals labor long and hard over their intellectual property . . . and then give it...

By Ellen Waldman
Humor Theory for When Everything  Seems Like it is Going to Hell author.

Humor Theory for When Everything Seems Like it is Going to Hell

Mediators have long recognized that they can use humor to help disputants deal with conflict (though it can really backfire)....

By John Lande
ICODR Podcast 3: Prof. Leah Wing author.

ICODR Podcast 3: Prof. Leah Wing

In this episode of the ICODR podcast, Ian interviews Professor Leah Wing, the Director of the National Center for Technology and...

By Leah Wing, Ian MacDuff
Welcome to the ICODR Podcast 1 author.

Welcome to the ICODR Podcast 1

Welcome to the ICODR Podcast!  This short introduction from Ian explains the design and focus of the podcast, along with...

By Ian MacDuff
ODR Ethics and Standards: What Do They Mean to Our Practices? author.

ODR Ethics and Standards: What Do They Mean to Our Practices?

This international panel is moderated by Leah Wing & Daniel Rainey and jointly sponsored by The National Center for Technology and Dispute Resolution & The International Council...

By Leah Wing, Daniel Rainey
Privileged Remarks author.

Privileged Remarks

Nondisparagement clauses are commonly used in settlement agreements. Some clauses are simple one-liners such as “The parties agree not to...

By Michael Diliberto
The Mediate.com Podcast Episode 4: ”The NDA Habit” and Implications for Mediators author.

The Mediate.com Podcast Episode 4: ”The NDA Habit” and Implications for Mediators

In this episode, Julie Macfarlane--researcher, mediator, and educator--discusses the misuse of NDAs and what mediators can do to responsibly facilitate...

By Julie Macfarlane, Veronica Cravener
The Mediate.com Podcast Episode 3:  What Every Mediator Should Know about the Singapore Convention author.

The Mediate.com Podcast Episode 3:  What Every Mediator Should Know about the Singapore Convention

In this episode,  Jay Santiago--attorney, mediator, and arbitrator--provides an overview of the Singapore Convention on Mediation, its implications for international...

By Jay Patrick Santiago, Veronica Cravener
Guest Author: Stefano Pavletic on Lessons Ukraine Teaches About Neutrality author.

Guest Author: Stefano Pavletic on Lessons Ukraine Teaches About Neutrality

A strange idea of neutrality It is well known that “third party status” of the mediator with respect to the...

By F. Peter Phillips
Saving Myself by Saving Others author.

Saving Myself by Saving Others

INTRODUCTION Today is the 35th day of the war in our country, the 35th day of opposition to Russian aggression...

By Tatyana Bilyk
Letter to our Colleagues about the Russian Invasion of Ukraine author.

Letter to our Colleagues about the Russian Invasion of Ukraine

Letter to our Colleagues about the Russian Invasion of Ukraine  Susanne Terry Jackie Font-Guzmán Bernie Mayer  March 17, 2022 Like...

By Susanne Terry, Bernard Mayer, Jacqueline Font-Guzmán
Survey Data Indicates Eviction Mediation Program Offers Procedural Justice author.

Survey Data Indicates Eviction Mediation Program Offers Procedural Justice

This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration...

By Jennifer Shack
COVID Consequences: Slouching Toward Civil War author.

COVID Consequences: Slouching Toward Civil War

I.      Into the Fray   The problem is not the problem. The problem is your attitude about the problem....

By Peter Adler

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