|
ACR New Jersey Chapter
|
|
Government ADR
Whats' New
(8/27/08)
Keith Seat
A federal court upheld the “plain meaning” of settlements reached in the Mississippi hurricane mediation program which released any and all Katrina claims except for subsequent discovery of “additional insured damage.” The Scruggs Katrina Group filed some 200 nearly identical complaints alleging a conspiracy of fraud and bad faith that it asserted as grounds for additional insured damages. The court, however, found that the phrase could only mean additional property damage, but left open the record in case plaintiff’s new substitute counsel wished to submit affidavits showing newly discovered property damage.
Boyd v. State Farm, No. 1:07CV820 (S.D. Miss., Aug. 6, 2008)
The World is Looking to Obama — and America (7/16/08)
Anna Spain Despite all the media coverage of the national election campaign, most Americans probably don't realize how captivated foreigners are by Barack Obama, let alone understand why.
(7/16/08)
Keith Seat
New Michigan legislation authorizes the Michigan Tax Tribunal to mediate appeals of agency decisions, if the parties agree to mediation and select a certified mediator. The Tribunal will establish a process for creating a roster of certified mediators, who must have five years of tax experience in the previous seven years. The Tribunal may charge mediators an annual certification fee, as well as charging parties a fee for mediation. Mediators must disclose their rates and experience to parties, and report the results of mediations to the Tribunal.
Michigan H. 4433 (Enacted May 8, 2008)
Thoughts on Mediation, Barack Obama, and Our Political Future (5/27/08)
Kenneth Cloke The emergence of Barack Obama as the front-runner for the Democratic nomination, and thus for the Presidency of the United States, presents us with unprecedented opportunities to influence global dispute resolution strategies and shift the prevailing paradigm of adversarial politics and diplomacy.
(5/21/08)
Keith Seat
Pending California legislation would require mediation at the option of the claimant for disputes of $50,000 or more arising from public works contracts involving local agencies, cities and counties, followed by binding arbitration if mediation is not fully successful, unless another dispute resolution process was provided in the contract. If the parties are unable to agree on the mediator or arbitrator, the legislation mandates selection through the American Arbitration Association. If litigation is required to enforce the provisions, the legislation provides attorneys’ fees and costs to the prevailing party.
California S.B. 1642 (April 3, 2008)
Review of Eye of the Storm Leadership by Peter Adler (4/21/08)
John Sautelle If you want a thought-provoking, engaging and at times inspirational read then this is the book for you! As it turns out, this book is not about leadership generally – it focuses specifically on leadership in the context of conflict.
Ten Questions on Leadership for Hillary Clinton, John McCain and Barack Obama (3/24/08)
Peter Adler The U.S. presidential run-up is a time to think about politics, conflict and leadership. The collective challenges we face -- balancing freedom and security, maintaining economic and environmental sustainability, educating our young people, and assuring the health of those who cannot take care of themselves -- crisscross all sorts of historic borders, jurisdictions, and purviews. Making headway on these challenges will necessarily be a team sport.
How will Hillary Clinton, John McCain, and Barack Obama approach them? Imagine for a moment that we could engage all three candidates in an extended dialogue that goes beyond the sound bites and platform promises we have grown too accustomed to. Here is what I would ask:
Barack Obama’s Speech on Race (3/19/08)
Barack Obama We find Barack Obama's speech on race to be a top flight example of the kind of mature consideration our most divisive issues deserve and need. We here present the text of Senator Barack Obama’s speech on race in Philadelphia.
(3/18/08)
Keith Seat
Using an Internal Revenue Service mediation program, the Rockdale County, Georgia Development Authority reached a settlement with the IRS in order to maintain the tax-exempt status of $77 million of solid-waste disposal revenue bonds. Under the rarely-used IRS tax-exempt bond mediation program, an IRS employee with no previous involvement in the case acts as mediator, and a private co-mediator may be included at the option of the parties, as was done in this matter. The IRS mediation program was begun in 2003 and renewed last year.
The Bond Buyer and SourceMedia, Inc., (Georgia) (February 15, 2008) (Subscription Required)
(3/18/08)
Keith Seat
The U.S. Court of Appeals for the Federal Circuit was the last federal appellate court to begin a mediation program, but in just two years is showing results in line with other circuit programs, despite the complexity of its specialized docket, which includes patent appeals. Last year the Federal Circuit’s mediation program resolved 42% of the cases mediated.
The National Law Journal (February 11, 2008) (Subscription Required)
Introduction to Eye of the Storm Leadership (3/17/08)
Peter Adler In the vast galaxy of leadership practices, the 150 ideas that follow focus on making deals, brokering agreements, and managing the inevitable conflicts that occur in politically charged circumstances. They are about communication, negotiation, problem solving, and “guerilla peace making.” The premise is simple and was best stated by philosopher, psychologist, and educator John Dewey: “Conflict is the gadfly of thought. It stirs us to observation and memory. It instigates to invention. It shocks us out of sheep-like passivity and sets us at noting and contriving."
Primer decenio de la conciliacion extrajudicial en el Peru, problemas y propuestas de cambio (2/26/08)
Rafael Gonzalo Medina Rospigliosi La conciliación extrajudicial es un medio de solución de conflictos, por el cual un tercero neutral e imparcial denominado Conciliador Extrajudicial asiste a las partes a encontrar su propia solución a sus conflictos que es mas humana, saludable, justa, durable, mutuamente satisfactoria y con el mismo valor de sentencia inapelable, es una poderosa herramienta de tercera generación para solucionar conflictos.
Obama’s Message - Mediation’s Political Triumph (2/25/08)
James Melamed Presidential candidate Barack Obama's main political message represents the absorption of the mediation movement's essential themes at the highest level of national and global politics. This is an accomplishment that should not go unnoticed and one that all mediators, whatever our political leanings, should take great pride in. Obama's candidacy is mediative consciousness' coming out party. Could it be that our work is finally paying off, not only in terms of "miracles in the mediation room," but also in terms of truly improving the way we as humans operate on planet earth? I think so. We are experiencing a popular paradigm shift right before our eyes and mediators and mediative thought are largely responsible.
Wonks, Shamans, Warriors, Dealmakers & The Protean Leader (2/20/08)
Robert Benjamin History may record the current presidential campaign as a turning point in how we think about leadership, choose a leader, and approach complex issues and difficult conflicts in the Twenty-First Century. The candidates present an interesting juxtaposition of leadership styles that is seldom so apparent. John McCain is the classic warrior, Hillary Clinton is the pragmatic, technical, problem-solving wonk, and Barack Obama has cornered the role of the moral/inspirational shaman.
La Mediación en España (1/16/08)
Franco Conforti No han sido pocos los e-mail recibidos de colegas interesándose por la situación de La Mediación y la salida laboral que tiene el Mediador en España y más concretamente en la Comunidad Valenciana. He recapitulado la información disponible al respecto y he decidido escribir este artículo a título informativo.
(11/28/07)
Keith Seat
The Florida Supreme Court has eliminated the requirement that Circuit Court mediators must be members of the Florida Bar or retired trial judges, noting that most states do not require legal training. Instead, the court adopted formal rules to rely entirely on a point system that is intended to more closely correlate with the background and experience necessary to be a good mediator. This decision opens the way for non-lawyers, as well as lawyers who are not members of the Florida Bar, to become mediators in the highest trial courts in Florida. However, if any party in a Circuit Court mediation objects, the court is still required appoint a mediator who is a member of the Florida Bar.
In re: Petition of the Alternative Dispute Resolution Rules and Policy Comm. on Amendments to Fla. Rules for Certified and Court-Appointed Mediators, No. SC05-998 (Fla., Nov. 15, 2007)
Putting "Public" Back in Public Health Work (11/12/07)
Don Greenstein, Doug Thompson Experts say chances of a deadly worldwide outbreak of pandemic flu are increasing. In order to involve the public in developing plans for how the government would react to such an outbreak, the CDC held four public meetings to hear public views about possible community control measures that could limit the outbreak. This report outlines and evaluates this award-winning project, which sought to put the "public" in public health by effectively allowing people to participate in policy development.
Giving Politics a Makeover (1/11/07)
Peter Adler Politics is a hard business. It has been variously described as war without bloodshed (Mao Tse Tung), the conduct of public affairs for private advantage (Ambrose Bierce), and the art of looking for trouble and applying the wrong remedy to it (Earnest Benn). The word itself comes from the Greek “polis” meaning the collective. Politics is all about all of us “together” and the making of choices about the distribution of power, rights, assets, liabilities, and obligations. If you are a mediator or facilitator, this shouldn’t be foreign territory. It is something we help people do all the time.
Mediation Project Spreads Skills to Stressed-Out Gulf Coast (1/10/07)
Anne Marie Ruff, Daily Journal Staff Writer Los Angeles mediator Laurel Kaufer developed a project in Biloxi, Miss., to teach conflict resolution and communication skills as a means to defuse stress left by Hurricane Katrina.
EEOC's 10 Reasons to Mediate (8/10/05)
EEOC National Mediation Program The new video 10 Reasons to Mediate introduces businesses to the Equal
Employment Opportunity Commission's (EEOC) National Mediation Program.
Government ADR Editorial (2/28/05)
Deborah Laufer The challenges within government offices to provide ADR with the highest level of neutrality, confidentiality, credibility, usership, effective results, and voluntariness echo the same efforts seen in the private sector. Thus, government never works in a vacuum as it is constantly improved and complemented by the creativity and resources of the private sector – and the favor is returned as well. May the partnership between private and public ADR sectors forever be strong!
USDA Agricultural Mediation Program (9/06/04)
Chester A. Bailey USDA's Certified State Agricultural Mediation Program, administered by the Farm Service Agency (FSA) of the United States Department of Agriculture, has helped agricultural producers and their creditors resolve disputes confidentially in a non-adversarial setting, thus avoiding the traditional process of litigation, appeals, bankruptcy, and foreclosure. This is crucial as America's family farmers continue to deal with a fluctuating economy, low commodity prices, and a seemingly endless rash of natural disasters. This article tells the history and performance of the mediation program.
Click here for MORE ARTICLES
|
|
|
