Articles for Everyone

The Mystery of Mediation

By Steve Abel | With self-determination as a core value in family mediation, it may be good if you sometimes let elements from mental health or law professions seep into mediation. Mediators listen, interpret, help clients see another’s point of view, sometimes suggest options for consideration, facilitate resolution, and more. An argument can be made for doing what your clients need, not being rigid about one ethical guideline or another.

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When Should a Mediator Withdraw?

By Bill Eddy | Not all mediations go well. The parties are intransigent, or one is obviously a bully, or one is too weak to speak up for herself/himself, or the issues are beyond the knowledge-base of the mediator –- a variety of issues may make a case inappropriate for mediation.

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Mediation is Voluntary and Neutral

By Bill Eddy | The In-Your-Face Deed: The following is based on a case of mine which was discussed in the book Mediation Ethics, edited by Ellen Waldman (Jossey-Bass, 2011). Mary, a social worker, and Tom, an executive, are divorcing. They have two…

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The Ethical Edge: Confidentiality under Fire

By Bill Eddy | California has been a leader in providing laws which encourage and protect mediation since the early 1980s. Confidentiality is at the core of those laws. A proposed revision to the laws has the mediation community in California up in arms.

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Next Generation Now: How Family Law Attorneys Can Advocate for Clients By Educating Them About Children

By Michael Aurit, JD, MDR | Child custody battles rage on in every city and town in America. Many of these divorce wars revolve around each parent accusing the other of some degree of bad parenting that has negatively affected their children. Parents often point to the child’s behavior as evidence of the child’s “true feelings” or of the other’s poor parenting. Lawyers can best serve such clients by helping them learn more about normal child behavior.

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Shared Parenting and Mediation: Lawyers and Judges Support Reforms

There is considerable concern in Canada about how to reduce the adversarial nature of family law proceedings and promote better relationships between separating parents. We report here on a recent survey of Canadian legal professionals that reflects support for mediation and certain amendments to the parenting provisions of the Divorce Act.

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