Diversity Articles
Culture and Religion, Evaluating Mediation Approaches: A Case Study
This document will analyze a conflict scenario with respect to the conflict’s candidacy (suitability) for mediation.
Mandatory Course on Mediation for Law Students in India
Is mandatory mediation training in India too late?
Innovation in the Way Mediators and in Particular Family Mediators are Trained in England and Wales
The purpose of this paper is to consider how it is possible to improve the current mediation training in England and Wales.
They Said It Couldn’t Be Done – Mediation Training Online
They said it couldn’t be done. I said it couldn’t be done. Six months ago, this would have been unthinkable.
Max Schrems strikes again! Where next for Mediation Service Providers and their mediators?
Examines the outcome of the CJEU’s decision known as Schrems II from the perspective of mediation service providers and mediators. Proposes practical steps in which the results of Schrems II may be addressed. Reviews the emerging responses of Data Protection Authorities in Europe and the USA.
The Role of Restorative Practices in Effectively Addressing Gender Discrimination and Harassment in the Workplace
Numerous federal and state laws prohibit gender discrimination and harassment in the workplace. Under Title VII of the Civil Rights Act of 1964 and state antidiscrimination statutes, an employer must not impose adverse employment actions or otherwise discriminate against individuals based on gender.
Racial Justice Conflict: How “Historical” Racial Symbols Shape Perception, Practices, and Policy
As the world continues to grapple with racial injustice and unrest as masses of people from all ethnicities protest in the streets, this article examines the subliminal influence of historical racial symbols and practices namely, statues and monuments, slave plantation sites and tours, market houses where slaves were sold, and street names that bear the scars of slavery.
Mediation, Neutrality, Political Conflicts, and the 2020 Elections
In the US, and in different ways in countries around the world, we are now facing five, and perhaps six significant crises, each with its own distinct set of conflicts.
NAFCM Vulnerable Visions
The National Association for Community Mediation discusses the importance of having a vulnerable vision, and standing up for it.
Thoughts on Addressing Racial Injustice
This work juxtaposes an announcement by AAA-ICDR with articles that promote dialogue to address racial: 1) Are We Ever Neutral? Should We Be? 2) Staying with Conflict - Election Edition: A Conflict Practitioner’s Lens on the US Election 3) What's the Right Thing to do When You are Really Angry About What's Happening in America?
Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: South America
This article discusses the "Community Spread" of Mediation in a Post COVID-19 World.
Lessons in Gender Diversity: What Can Adjudicator Nominating Bodies Learn from Arbitration?
In light of the International Council for Commercial Arbitration's recently published “Report of the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings”, and the concerted effort by the international arbitral community to encourage the appointment of more female arbitrators, this article discusses the further steps that can be taken to improve gender diversity in arbitral tribunal appointments.
The Changing Landscape of Mediation vis-a-vis Singapore Convention on Mediation
This article follows the history of mediation and how that foundation relates to its current state.
If a Crime is Admitted, What Then?
If a person during a caucus session tells the mediator that he committed a crime which had nothing to do with the case in mediation, what does the mediator do?
Concerns: Credentialing and Bridging Gaps between Mediators of Color with Other Mediators
Homer LaRue discusses his concerns of mediators not getting into the field because of the credentialing process, specifically persons of color not getting into the field, and bridging the gap between mediators of color and the "high-volume, high-quality case users".
Feedback, Hot Buttons, and White Fragility
Being open to difficult feedback, even about racism, can help you grow.
Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Africa
Arbitral Community Mobilizes to Adapt to the COVID-19 Crisis through Increased Use of Electronic Proceedings
REACH the Three Components of Self-Determination
Conflict is inherent and pulsating in every situation or aspect of life.
The AAA-ICDR Foundation and How to Apply for Current Grant Funding
The Foundation’s 2020 funding cycle is intended to make contributions in two important areas: 1) making ADR processes more accessible and available; and 2) creating innovative ways to engage citizens in meaningful dialogue with one another and/or with government authorities, including the police, to address long-standing racial discrimination.
4th Key-Professionalism: Modernize the Culture Driving Legal Practice
This article discusses professionalism and the need to modernize our mediation culture.
Change Power is in the Process: When Listening is Not Enough
Since the untimely and senseless killing of George Floyd in Minneapolis on May 25, 2020, the response from many organizations, places of work, and corporations have been to hold listening sessions specifically for African Americans to “share their story” with their peers.
Recent Court ADA Case Review for Conflict Resolution Practitioners
This paper discusses the emphasis of Alternate Dispute Resolution in the field of ADA and Disability Discrimination and then provides a more detailed review of recent Title I and Title III cases.
Gender and Culture in Mediation
Nina Meierding explains putting theory to practice regarding studies of gender and culture in mediation. She describes being sensitive and respectful of diverse thought processes and communication methods.
5th Key-Technology: Embrace and Integrate Relevant New Technologies
Much ink has been spilled on the future of mediation, and how robots may someday take over from humans. However, mediation is not an empirical science that can be reduced to algorithms.
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