Mediation Ethics Section



Mediation Ethics Articles


Tammy Lenski

Is the Einstellung Effect Interfering With Your Problem Solving?

(11/16/18)Tammy Lenski

The Einstellung Effect is a cognitive trap that prevents us from seeing better or simpler solutions to problems we’re trying to solve. Here’s how to recognize it and reduce its effect.

Darrell Puls

Scorched Earth Clients: Mediating with High Conflict People

(11/12/18)Darrell Puls

You have met them if you have been mediating for any length of time: High Conflict People.

Colin Rule

Dishonesty

(11/01/18)Colin Rule

I’d wager we’ve all had a friend or family member share one of their new creations with us (maybe a poem, or an article, or a intending-to-be-funny youtube video) and ask, excitedly, “What do you think?”

Andrea Schneider

Heartbroken in Pittsburgh

(11/01/18)Andrea Schneider

I thought that teaching the Kavanaugh hearings in a careful and respectful manner a few weeks ago would be the biggest teaching challenge of the semester. I was wrong.

Muhammed Rafeeque

Two Points: Detrimental to any Mediation Process

(10/26/18)Muhammed Rafeeque

The post is about TWO points which may go against the Mediation Process in India: (i) A constant persuasion of Mediator on either parties would have opposite effect.

Phyllis Pollack

Ethical Fading

(10/19/18)Phyllis Pollack

Typically, before I discuss the topic of mediation ethics with my students, I delve into the topic of “negotiation ethics” in general.

Kim Taylor

Powerful Words on Inclusion and the Impact to Follow

(10/19/18)Kim Taylor

In a recent article, Kim Taylor, senior vice president and chief legal and operating officer at JAMS, discusses the importance of inclusion and diversity as it relates to alternative dispute resolution (ADR) and specifically arbitration.

Jonathan Rodrigues

The Mediation Advocate’s Alphabet

(10/19/18)Jonathan Rodrigues

From limited experiences, learning from mistakes, compliments from clients, advise from mentors and suggestions from peers, here is a guidebook with some cheat codes for any amateur lawyer looking to rehearse before a Mediation.

Michael Heller

Blind Justice: Can Individuals Be Bound to Arbitration Clauses They Can’t Read?

(10/13/18)Michael Heller

The First U.S. Circuit Court of Appeals in Boston recently declined to enforce an arbitration clause in the Container Store’s loyalty program against blind customers.

Nigel Dunlop

Mediation Power Imbalances: Weighing the Arguments

(10/12/18)Nigel Dunlop

It is commonly said that power imbalances in mediation render it unfair.

Ben Hartwig

What Do Marriage Counselors and Mediators Do?

(10/12/18)Ben Hartwig

There is a big difference between marriage counselors and mediators, and each is specific to the condition of a relationship.

Como Las Luciernagas Generando Luz - en espanol

(10/05/18)Maria Victoria Marun, Maria Eugenia Sole

Actualmente es común usar expresiones como "polarización" o "grieta" para describir las actitudes con las que los habitantes, políticos y gobiernos de diferentes países plantean o debaten sus problemas.

Like the Fireflies Generating Light

(10/05/18)María Victoria Marun, Maria Eugenia Sole

It is currently common to use expressions such as "polarization" or "crack" to describe the attitudes with which the inhabitants, politicians and governments in different countries raise or debate their problems.

Michelle Brenner

Mediation – Engaging the Rhythm of Polyvagal Regulation

(10/05/18)Michelle Brenner

What do garden snails, lizards and humans all have in common?

Cinnie Noble

Conflict Assumptions

(9/28/18)Cinnie Noble

When we are in conflict with another it is often the case that we make assumptions about her or him.

John Lande

Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments

(9/28/18)John Lande

Litigation offers many potential benefits. It can help people solve difficult problems, make relationships and institutions function properly, and promote justice.

Armita Azad

Power, Impartiality, and Timing: Third Party Mediation in the Middle East

(9/28/18)Armita Azad

There has been upsurge literature on third party intervention in recent years, and still a significant gap in the field of mediation.

Jan Frankel Schau

The Science of Negotiation

(9/24/18)Jan Frankel Schau

Follow, if you will, the mediation of a sexual harassment claim to learn the basic principles of mediation.

Hilmer Zegarra

Las Medidas Autosatisfactivas, en la Justicia Peruana

(9/20/18)Hilmer Zegarra

Es articulo es un Descripcion de objetivos e identificacion de la institucion.

Akbar Kabani

Peacemakers of All Faiths Gather at Ismaili Jamatkhana Plano for Restoring Community Day

(9/17/18)Akbar Kabani

This article covers Restoring Community Day held in 2017, including plans for the upcoming Community Day to be held in October 2018.

Ronald S. Kraybill

Stop Giving Others Insult Power

(9/06/18)Ronald S. Kraybill

Do you know people who get upset and insulted easily?

Alia Ismail

Self-Restraint: A Door to True Liberty

(9/06/18)Alia Ismail

When one ignores one’s own emotions, to maintain face, or to increase hopes for immature peace, the likelihood for an unexpected emotional burst, by oneself, or by the other, increases.

Lorraine Segal

How Avoidance Can Help You with Workplace Conflict

(8/31/18)Lorraine Segal

It sounds counter intuitive, but Inaction or avoidance can be a viable way of dealing with workplace conflict.

Ebrahim Patelia

Why Labelling and Group Identity Matters in Conflict?

(8/24/18)Ebrahim Patelia

Labels are increasingly being used to leverage support for group identities and ideals.

Ronald S. Kraybill

Conflict Styles: Digital vs Paper

(8/15/18)Ronald S. Kraybill

In training with the Thomas Kilmann or my Style Matters conflict style inventories, you have an option to use either a paper or online version. I used to be ambivalent about this choice, but no more.

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