Mediation Ethics Articles
Many lawyers are frustrated with their actual clients at times and are tempted to tell them the same thing – and sometimes do.
One great benefit of evaluating eight programs with different approaches to resolving the same cases is that it allowed me to uncover program design factors and other variables that promote program success.
Mediation and the written agreement has become integral to the litigation process and offers avenues through which disputes can be settled amicably.
According to new data from Alexa.com, Mediate.com is most visited and most linked mediator directory website.
This post provides excerpts from my research summarizing significant stresses affecting each of these groups and notes resources and ideas for dealing with them.
The theme of the session was that while being intelligent is good, it is also very important to have emotional intelligence; the ability to tap into the emotions of others, or to read people.
Chaos? A mediation out of control? A weak mediator? I don’t think so.
This new evaluation looks at four-plus years of data across eight different programs to provide a comprehensive analysis of foreclosure mediation in Illinois, and to highlight how differences in program models impacted outcomes.
This article discusses Liberia's path to peace and liberation, 1871 - 2017.
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.
You have met them if you have been mediating for any length of time: High Conflict People.
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?”
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.
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.
Typically, before I discuss the topic of mediation ethics with my students, I delve into the topic of “negotiation ethics” in general.
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.
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.
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.
It is commonly said that power imbalances in mediation render it unfair.
There is a big difference between marriage counselors and mediators, and each is specific to the condition of a relationship.
(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.
(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.
What do garden snails, lizards and humans all have in common?
When we are in conflict with another it is often the case that we make assumptions about her or him.
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