Ethics

ADR Ethics


On Building Trust

Crisis in trust is often at the core of disputes. Cultivation of trust is at the heart of Mediation Ethics.

 


 

Videos on ADR Ethics

Lawline CLEs

Ethics – The Heart of Mediation

Commercial Mediation Program – The Mediator’s Art, Part VIII: Mediation Ethics

Arbitration Ethics: Essential Norms and Impactful Surprises

 


 

Programs

Lawline ADR Day – Bridge The Gap: Mediation Ethics, June 26, 2016

For Lawline’s ADR Day, Mr. Baum created and led an all-day program on effective representation in mediation and arbitration. In the capstone session of the program, Mr. Baum was joined by Dan Kolb to review the chief ethical issues to which all mediators should be aware and particularly sensitive. Guided by the AAA/ABA/SPIDR (ACR) Standards of Conduct for Mediators, the presentation focused on these issues and standards. These guidelines are found further down the Ethics page, and can be found at this link: Model Standards of Conduct for Mediators

Specifically, the mediation ethics segment sought to recognize ethical issues relating to: party self-determination, neutrality and impartiality, conflicts, honesty and disclosure, confidentiality, quality of process, candor in advertising and other issues.

The PowerPoint presentation for the Mediation Ethics segment can be accessed here: Bridge The Gap: Mediation Ethics

Additionally, you can view the Lawline presentation in its entirely (for a fee) at the following link: Ethics – The Heart of Mediation


Mediation Ethics: Truth, Lies, Integrity & Manipulation ACR-GNY Annual Conference – June 16, 2016

In this interactive, Town Hall-style program, Mr. Baum helped the participants to engage in a reflective dialogue on the limits of mediator manipulation of parties (and counsel). Drawing on a model of mediation suggested by ancient classics, the Tao te Ching (wu wei, or non-doing), ethical challenges to manipulation in Kant and Buber, and the 2005 ABA AAA ACR Revised Standards of Mediator Conduct – as well as on the experience of mediators, parties and counsel in mediation – the participants considered the interplay of ethical norms such as party self-determination, impartiality, competence, quality of the process, truth in advertising, advancement of the mediation practice, and other standards with mediation behaviors and scenarios that test the mettle of all involved.

The PowerPoint presentation for this program can be found at the following link: Mediation Ethics: Truth, Lies, Integrity & Manipulation


Commercial Mediation Program: The Mediator’s Art, Part VIII: Mediation Ethics Lawline – March 13, 2015

Mediation requires conflicting parties to swim in the waters of trust. Where trust might be said to be at the heart of ethics, no course on mediation would be complete without an exploration of essential ethical issues in mediation.

In Part VIII of an 8-part Commercial Mediation program, Mr. Baum reviewed the chief ethical issues to which all mediators should be sensitive. Guided by the AAA/ABA/SPIDR (ACR) Standards of Conduct for Mediators, the presentation focused on these issues and standards. These guidelines are found further down the Ethics page, and can be found at this link: Model Standards of Conduct for Mediators

The PowerPoint presentation for the Mediation Ethics segment can be accessed here: Part VIII: Mediation Ethics

Additionally, you can view the Lawline presentation in its entirely (for a fee) at the following link: Mediation Ethics


Mediation Settlement Day: Mediation Ethics – A Focus on Court Annexed Mediation New York Peace Institute – October 28, 2014

Mr. Baum participated in the New York Peace Institute’s “Mediation Settlement Day” festivities by delivering an interactive program on mediation ethics. Mr. Baum focused the presentation on the myriad issues surrounding mediation ethics in the court-annexed context, including: confidentiality, lying, self-determination, quality of process, mediator advertising, neutrality, impartiality and bias.

The PowerPoint presentation can be accessed at the following link: Mediation Ethics: A Focus on Court Annexed Mediation New York Peace Institute

 


 

Articles

Conflicts Between the Ethical Principles That Are Critical to Preserving Trust in the Mediation Process—A Need for Increased Understanding and ConcernSimeon H. Baum and Daniel F. Kolb, NYSBA Dispute Resolution Lawyer, Spring 2014 – Vol. 7, No. 1Read more…

 


 

Guidelines & Links

Model Standards of Practice for Mediators of the AAA, ABA and ACRModel Standards of Practice for Mediators of the AAA, ABA and ACRRead more…
Standards of Conduct for MediatorsStandards of Conduct for MediatorsRead more…
Ethical Standards for Arbitrators and Neutral EvaluatorsEthical Standards for Arbitrators and Neutral EvaluatorsRead more…
Mediator Ethics Advisory Committee (MEAC)Mediator Ethics Advisory Committee (MEAC)Read more…
NYSBA Dispute Resolution Section – Committee on Ethical Issues & Ethical StandardsNYSBA Dispute Resolution Section – Committee on Ethical Issues & Ethical StandardsRead more…