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International Views of Mediator Ethics

In Houston, UIA World Mediation Forum Co-President Thierry Garby moderated a panel on mediator ethics.  Speakers included Claude Amar, President of the French Academy of Mediators; Trey Bergman of...

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Moral Aspects of Mediation — ABA DR III

David Hoffman from the Boston Law Collaborative offered a program at the ABA Dispute Resolution Section Spring Meeting on “Mediator as Moral Witness: Right and Wrong.”  The question presented was: What...

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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....

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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...

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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...

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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...

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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...

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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,...

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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...

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Third Party Funding in Arbitration — Ethics and Best Practices

In March 2017, New York Law School and the American Arbitration Association convened a discussion of “Hot Topics in Arbitration,” one of which involved third party funding.  The event was taped and the...

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