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Category: Ethics

Mediator Madness author.

Mediator Madness

I walked into my last mediation blind. No briefs had been submitted, no pre-mediation conference calls, nothing. And so I...

By Michael Young
Guidelines for the Ethical Practice of Mediation and to Prevent the Unauthorized Practice of Law author.

Guidelines for the Ethical Practice of Mediation and to Prevent the Unauthorized Practice of Law

Approved by the Dispute Resolution Section Executive Committee on April 14, 1999 Approved by the North Carolina Bar Association Board...

By Managing Editor
In Re: Annonymous, Respondents author.

In Re: Annonymous, Respondents

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT IN RE: ANONYMOUS, Respondents. OFFICE OF THE CIRCUIT No. 01-9543 MEDIATOR...

By Managing Editor
Mediation and the Unauthorized Practice of Law author.

Mediation and the Unauthorized Practice of Law

The ABA Section of Dispute Resolution has noted the wide range of views expressed by scholars, mediators, and regulators concerning...

By ABA Section of Dispute Resolution ABA DR Section

Ethical Guidelines for Disputants? Why Not?

The past quarter century has witnessed phenomenal growth in the mediation field in North America and with it the development...

By Lyn Kendrick

Mediation and Ethics Consultation: Towards a New Understanding of Impartiality

Winning Essay in the Graduate Student Category2001 James Boskey ADR Writing Competition. The competition is Sponsored by the ABA Section...

By David Perlman

The Neutral as Lie Detector: You Can’t Judge Participants by Their Demeanor

First published by ABA Dispute Resolution Magazine, Winter 2001As mediators we are often faced with sharply conflicting stories. One of...

By Bruce Fraser
The Uniform Mediation Act: A Trojan Horse? author.

The Uniform Mediation Act: A Trojan Horse?

The final draft of the Uniform Mediation Act has been adopted by the National Conference of Commissioners on Uniform State...

By Robert Benjamin
Mediate.com Qualifications Disclosure author.

Mediate.com Qualifications Disclosure

Mediate.com offers mediators the opportunity to self-evaluate as "Associate," "Practitioner" or "Senior" Mediators based upon their degree of training, experience...

By Managing Editor
Foxgate Homeowners’ Association and Bramalea California, Inc. (On Appeal) author.

Foxgate Homeowners’ Association and Bramalea California, Inc. (On Appeal)

Cartoon IN THE SUPREME COURT OF CALIFORNIA FOXGATE HOMEOWNERS’ ASSOCIATION, INC., Plaintiff and Respondent, v. BRAMALEA CALIFORNIA, INC., et al.,...

By The Supreme Court of California Court
Early Input Invited on Preliminary Draft of Ethical Standards Released by California Judicial Council Working Group author.

Early Input Invited on Preliminary Draft of Ethical Standards Released by California Judicial Council Working Group

PRELIMINARY DRAFT ETHICAL STANDARDS FOR MEDIATORS IN COURT-CONNECTED MEDIATION PROGRAMS FOR CIVIL CASES 1. PREAMBLE These standards are intended to...

By Alan Wiener

June 2001 Draft of the Uniform Mediation Act

D R A F T FOR APPROVAL UNIFORM MEDIATION ACT NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS MEETING IN...

By UMA Committee
Domestic Violence and Child Abuse: Neglect Screening for Domestic Relations Mediation author.

Domestic Violence and Child Abuse: Neglect Screening for Domestic Relations Mediation

The full document is available in pdf format. Model Court Protocol for Domestic Violence and Child Abuse Screening in Matters...

By Managing Editor
Foreword to The Model Standards of Practice for Family and Divorce Mediation author.

Foreword to The Model Standards of Practice for Family and Divorce Mediation

The Model Standards of Practice for Family and Divorce Mediation ("Model Standards") are the family mediation community’s definition of the...

By Managing Editor
Model Standards of Practice for Family and Divorce Mediation author.

Model Standards of Practice for Family and Divorce Mediation

See the Foreward to the Model Standards These standards of family mediation practice have been adopted by the Association of...

By AFCC Salem
Wittgenstein and Mediation author.

Wittgenstein and Mediation

Introduction Perhaps there is no thinker of the twentieth century more influential in the field of philosophers than Ludwig Wittgenstein...

By Luis Miguel Diaz
Legal Ethics And ADR: Do You Pass The Test? author.

Legal Ethics And ADR: Do You Pass The Test?

First published in the San Francisco Attorney, June/July 1998Questions of legal ethics in Alternative Dispute Resolution usually arise in three...

By John Paul Jones, Nancy Neal Yeend
The Ethics of Ethics author.

The Ethics of Ethics

(On Being Too Fussy About Values In Mediation: Consider The Hedgehog And The Fox) This is the inaugural column of...

By Robert Benjamin
The Identity Of A Mediator author.

The Identity Of A Mediator

The February, 2001 draft of the proposed Uniform Mediation Act defines mediation as a process in which a mediator facilitates...

By Susan Dearborn
The Movies- Constructions Of Reality And Sources Of Metaphors author.

The Movies- Constructions Of Reality And Sources Of Metaphors

This article was previously published in "Peripheral Visions," Mediation News, Spring 1998, Vol. 17, No. 2. Copyright © 1998, Academy...

By Robert Benjamin
ADR – Ethically Speaking author.

ADR – Ethically Speaking

This article was first published by the Missouri Lawyers Weekly (July 31, 2000) I recently had a conversation with an...

By Paula Young

Point & Counterpoint: Should Agencies Mediate Their Own disputes?

This article originally appeared in the January 1998 issue of Consensus, a newspaper published jointly by the Consensus Building Institute...

By Elissa Tonkin, Peter Swanson

February 2001 Draft of the Uniform Mediation Act

UNIFORM MEDIATION ACT Interim Draft February 20, 2001 SECTION 1. TITLE. This [Act] may be cited as the Uniform Mediation...

By UMA Committee
Shifting Paradigms: The Unauthorized Practice Of Law Or The Authorized Practice Of ADR author.

Shifting Paradigms: The Unauthorized Practice Of Law Or The Authorized Practice Of ADR

This article was previously published by the "Dispute Resolution Journal", of the American Arbitraiton Association, August-October 2000. Introduction In case...

By John Cooley
Defining The Ethical Limits Of Acceptable Deception In Mediation author.

Defining The Ethical Limits Of Acceptable Deception In Mediation

This article was previously published by "Brief", the Journal of the Dupage County Bar Association, Illinois. (11,29)In a recent law...

By John Cooley

Oregon Mediation Association: Standards of Practice

Final Draft - June 16, 2000 PREAMBLE These Standards of Mediation Practice are intended to guide the conduct of mediators...

By OMA

Recommendation on the Principles

Commission Recommendation on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes (98/257/CE) THE COMMISSION OF...

By The Commission of the European Communities
Principles for ADR Provider Organizations author.

Principles for ADR Provider Organizations

This document is available at Principles for ADR Provider Organizations

By Managing Editor

Mediation Rules of the Brussels Business Mediation Center

Whereas the purpose of mediation is, by way of a meeting between the parties to a dispute, to create between...

By Brussels Business Mediation Center

Rules Of Ethics Of The Brussels Business Mediation Center

Having regard to the mediation rules established by the Board of directors of the Brussels Business Mediation Center ("the Center")...

By Brussels Business Mediation Center

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