AABANY Congratulates Chris Kwok on Publishing an Article in the New York Law Journal on Mediating Employment Disputes Ethically

The Asian American Bar Association of New York (AABANY) congratulates Issues Committee Chair, Asia Practice Committee Co-Chair and Board Director Chris Kwok on his recent article published on September 1, 2020 in the¬†New York Law Journal¬†entitled “Mediating Employment Disputes Ethically: Ensuring Quality and Fairness in the #MeToo, #BLM, #COVID-19 Era.”

In the article, Mr. Kwok begins by exploring the value of mediation and the importance of mediators upholding ethical standards to ensure a just process in the #MeToo, #BLM, #COVID-19 era. Mr. Kwok then delves into the novel challenges that virtual negotiations bring, ranging from the issue of confidentiality and stability of internet connections to the ethics of avoiding categorization of damages as reparations for sexual harassment.

In 2005, the American Arbitration Association, American Bar Association, and Association for Conflict Resolution promulgated the Model Standards of Conduct for Mediators that has since served as a central guide for mediators who encounter ethical conundrums. The article concludes by suggesting that the emergence of unprecedented technological and confidentiality concerns in a challenging time call for a potential revisitation of the Model Standards of Conduct and prompts readers to ponder the changing scope of ethical duties mediators need to take on.

To read the article, click here.