Ethics|Mediation

New ABA Mediator Ethics Opinion

Ethics|Mediation

New ABA Mediator Ethics Opinion

In a previous post I noted the work of the ABA Dispute Resolution Section's Committee on Mediator Ethical Guidance, which interprets the Model Standards of Conduct for Mediators (promulgated in 2005 by the ABA, AAA and ACR).  In that same post, I noted the frequent close correlation between ethical lapses...

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Conflict Resolution|Ethics|Mediation

Ethics: Disclosure Meets Confidentiality

Conflict Resolution|Ethics|Mediation

Ethics: Disclosure Meets Confidentiality

Unmarketed, unheralded, and therefore largely unknown are the Model Standards of Conduct for Mediators, promulgated in 2005 by the ABA Dispute Resolution Section, the AAA and ACR. Even less well-known, one suspects, are the opinions of the Committee on Mediator Ethical Guidance that issue periodically interpreting those Standards.  Two recent...

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Conflict Resolution|Ethics|Mediation|Negotiation|Religion

Moral Imagination Revisited via Jon Hyman

Conflict Resolution|Ethics|Mediation|Negotiation|Religion

Moral Imagination Revisited via Jon Hyman

The recent confluence of my Conflict Transformation work with the New York Yearly Meeting of the Society of Friends (Quakers) and the richly rewarding session offered by David Hoffman at the April 2014 Meeting of the ABA Dispute Resolution Section have made me increasingly aware of the moral component of...

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Arbitration|Conflict Resolution|Ethics|Mediation|Negotiation

Business Lawyers and ADR: Ethical Challenges

Arbitration|Conflict Resolution|Ethics|Mediation|Negotiation

Business Lawyers and ADR: Ethical Challenges

The third and final part of the morning-long Commercial Finance and Dispute Resolution Symposium at the recent ABA Business Law Section Annual Meeting was a discussion, among audience and experts, of some hypotheticals implicating the obligations of attorneys who negotiate dispute resolution clauses and who represent clients in ADR procedures. The...

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Conflict Resolution|Courts|Ethics

Proposal to Require ADR Notice in Letters of Engagement

Conflict Resolution|Courts|Ethics

Proposal to Require ADR Notice in Letters of Engagement

The Unified Court System of the State of New York is considering a modification to its Rules that would require attorneys to include in their letters of engagement reference to the ADR options and resources available at the courts' web site. The proposal (available here) is subject to public comment until...

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Ethics

Is Windows XP Unethical? Is Starbucks?

Ethics

Is Windows XP Unethical? Is Starbucks?

An interesting panel at the recent Spring Meeting of the ABA Business Law Section addressed questions of the ethical obligations of business lawyers in various hypothetical situations.  Chaired by Ellen Pansky, the panel included Jeff Kraus, Jacqueline Unger and Lois Mermelstein....

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Conflict Resolution|Ethics|Mediation|Teaching

Licensing Mediators — ABA DR IV

Conflict Resolution|Ethics|Mediation|Teaching

Licensing Mediators — ABA DR IV

At the Miami ABA Dispute Resolution Conference, James Coban, Janice Fletcher, Art Hinshaw and Susan Yates addressed the provocative topic, “Cosmetologists Are Licensed, Why Aren’t Mediators?” Ms. Yates, of Resolution Systems Institute, clarified some terms of art for the sake of the discussion.  “Credentialing” is the big umbrella, the widest term. ...

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