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Category: Ethics

The Ethical Standards that Guide Mediator Conduct author.

The Ethical Standards that Guide Mediator Conduct

At the close of yesterday's seminar on mediation ethics for lawyers, I was asked what ethical standards guided my own...

By Victoria Pynchon
Gini Nelson on Mediator Ethics:  First, Do No Harm; Then, Do Good? author.

Gini Nelson on Mediator Ethics: First, Do No Harm; Then, Do Good?

Gini Nelson is the founder and author of the Engaging Conflicts Blog.  Gini  received her law degree from George Washington...

By Victoria Pynchon
Mediation Confidentiality in New York?  Not According to Hauzinger Decision author.

Mediation Confidentiality in New York? Not According to Hauzinger Decision

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 07-00659 PRESENT: SCUDDER, P.J., MARTOCHE, CENTRA,...

By Managing Editor
There Are Lies And There Are Lies author.

There Are Lies And There Are Lies

There are no whole truths: all truths are half-truths. It is trying to treat them as whole truths that plays...

By Edward P. Ahrens
Concepts of Religion, Civic Responsibility Promote Cooperation, According to Study author.

Concepts of Religion, Civic Responsibility Promote Cooperation, According to Study

Canadian psychologists have found that when people are primed with religious concepts they behave in more altruistic ways. Secular humanists...

By Diane J. Levin

IAM Wires Running Hot

One of the best things about being invited into the International Academy of Mediators circle of trust is the email...

By Geoff Sharp
Doing the Right Thing Correctly author.

Doing the Right Thing Correctly

I took a wonderful Class this Week given by Peter Robinson, Dean of the Straus Institute of Dispute Resolution at...

By Jan Frankel Schau
Collaborative Law Unethical Says Colorado Bar Association author.

Collaborative Law Unethical Says Colorado Bar Association

Collaborative law, a process in which lawyers and their clients contractually agree to pursue non-adversarial means of resolving disputes and...

By Diane J. Levin
Governor Bill Richardson Signs New Mexico Mediation Procedures Act Protecting Confidentiality For Mediation Communications author.

Governor Bill Richardson Signs New Mexico Mediation Procedures Act Protecting Confidentiality For Mediation Communications

Governor Bill Richardson yesterday signed the New Mexico Mediation Procedures Act, establishing confidentiality for certain mediation communications. Mediation is broadly...

By Gini Nelson
Colorado Ethics Committee Concludes Collaborative Law Per Se Unethical, Cooperative Law Not author.

Colorado Ethics Committee Concludes Collaborative Law Per Se Unethical, Cooperative Law Not

\As previously posted in EngagingConflicts here, there is a significant ethical critique of Collaborative Law, and a growing movement for...

By Gini Nelson
Malpractice, ADR and Client Expectations author.

Malpractice, ADR and Client Expectations

Way back in 1997, John Blumberg of the Blumberg Law Offices in Long Beach California asked in a Daily Journal...

By Victoria Pynchon

When Mediators Turn a Blind Eye to Bullying

Bullying isn't allowed in or around school anymore. Yet it is common practice in the legal profession. What is surprising...

By Barb Hastings
The ‘Truthiness’ Virus Has Infected The Conflict Management Field author.

The ‘Truthiness’ Virus Has Infected The Conflict Management Field

‘Truthiness’--- spell check does not yet recognize the word--- is that quality of a statement, or pontification, that because it...

By Robert Benjamin
ACR Adopts Model Standards of Conduct for Mediators author.

ACR Adopts Model Standards of Conduct for Mediators

For Immediate Release. August, 23, 2005. On August 22, the Association for Conflict Resolution (ACR) Board of Directors unanimously adopted...

By ACR ACR
Model Standards of Conduct author.

Model Standards of Conduct

The original Model Standards of Conduct for Mediators was prepared in 1994 by the American Arbitration Association (AAA), the American...

By Managing Editor
The Mediator as Moralist Bully author.

The Mediator as Moralist Bully

This article originally appeared in edited form in ‘Peripheral Vision’, a regular appearing column in Family Mediation News, the Family...

By Robert Benjamin
Schindler v. Schiavo:   The Real Negotiation for Your Soul author.

Schindler v. Schiavo: The Real Negotiation for Your Soul

“Pinellas Park, Fla., March 18---Doctors on Friday removed the feeding tube of Terri Schiavo, the severely brain-damaged woman at the...

By Robert Benjamin
Model Standards Of Conduct For Mediators (Draft) author.

Model Standards Of Conduct For Mediators (Draft)

The Model Standards of Conduct for Mediators was prepared in 1994 by the American Arbitration Association, the American Bar Association’s...

By Managing Editor

Conflict Of Interest Due To Prior Respresentation Of Party

The opinions of the Mediator Ethics Advisory Committee are rendered pursuant to the authority of rule 10.900, Florida Rules for...

By Florida Mediator Ethics Advisory Committee

ACR Mediator Certification Task Force: Report and Recommendations

You may submit your comments through the ACR Discussion Board and click on “Quality Assurance Initiatives.” You may also send...

By ACR Mediator Certification Task Force
Swindlers, Dealmakers and Mediators:  A Brief History of Ethics in Negotiation author.

Swindlers, Dealmakers and Mediators: A Brief History of Ethics in Negotiation

"This article is an edited version of one originally published in ACResolution Magazine, Spring, 2004"Stripped of all the lofty purposes...

By Robert Benjamin

Mediators Duty When Informed In Caucus Of Hidden Assets

The opinions of the Mediator Ethics Advisory Committee are rendered pursuant to the authority of rule 10.900, Florida Rules for...

By Florida Mediator Ethics Advisory Committee

Are Mediators Obliged To Keep And Maintain Mediation Files After Declaration Of Impasse Or Final Settlement?

The opinions of the Mediator Ethics Advisory Committee are rendered pursuant to the authority of rule 10.900, Florida Rules for...

By Florida Mediator Ethics Advisory Committee

Mediator Should Remind The Party Of The Confidentiality Privilege

The opinions of the Mediator Ethics Advisory Committee are rendered pursuant to the authority of rule 10.900, Florida Rules for...

By Florida Mediator Ethics Advisory Committee

Serving As Co-Counsel Following Service As Mediator For The Same Case Is Not Permitted

The opinions of the Mediator Ethics Advisory Committee are rendered pursuant to the authority of rule 10.900, Florida Rules for...

By Florida Mediator Ethics Advisory Committee

Improper For A Mediator To Provide Legal Advice Even If Framed As A Question

The opinions of the Mediator Ethics Advisory Committee are rendered pursuant to the authority of rule 10.900, Florida Rules for...

By Florida Mediator Ethics Advisory Committee

Mediator May Continue To Help The Parties Reach A Voluntary Agreement

The opinions of the Mediator Ethics Advisory Committee are rendered pursuant to the authority of rule 10.900, Florida Rules for...

By Florida Mediator Ethics Advisory Committee
Thirty FAQ’s for California Mediators on Ethical Minefields Involving Business, Construction, Employment and Real Estate Mediations author.

Thirty FAQ’s for California Mediators on Ethical Minefields Involving Business, Construction, Employment and Real Estate Mediations

Questions re: Which Standards of Ethical Practice Govern Mediators’ Conduct Q 1: National Ethical Standards: What are the applicable National...

By Max Factor III
How Real Is ‘The Threat’? What Mediators Should Know About Malicous Prosecution author.

How Real Is ‘The Threat’? What Mediators Should Know About Malicous Prosecution

First published by ICM Update, February 2003.Mediators routinely hear an attorney on one side or the other, or on all...

By Daniel Ben-Zvi

Mediation Capacity and Self-Determination: A Recommendation On The Model Standards Of Conduct

Many mediator ethics codes, including the widely used Model Standards of Conduct for Mediators (American Bar Association Sections of Dispute...

By Association of the Bar of NY

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