Public Policy Section


Public Policy & Environmental Articles


Beth Graham

Hawaii Bill Would Require Mediation Prior to Sale of Kuleana Land

(2/03/17)Beth Graham

A member of the Hawaii State House of Representatives has reportedly introduced a bill that would require mediation for certain real estate transactions occurring in the state.

F. Peter Phillips

Supremes Grant Cert on NLRB Challenge to Class Waiver

(1/20/17)F. Peter Phillips

As has been widely reported, the Supreme Court has granted certiorari to review three conflicting decisions among the circuits on the enforceability of an employer’s unilaterally promulgated waiver of employees’ right to participate in collective redress.

Roger Fisher

Pioneer Series: Working with People Who Don't Want to Negotiate - Video

(12/29/16)Roger Fisher

Roger Fisher explains that when one party doesn't want to negotiate, talk to others around them to find out their motivations, interests, concerns, and worries.

Scott McCreary

CONCUR case in just-published book: Joint Fact Finding in Urban and Environmental Planning Disputes

(12/09/16)Scott McCreary

The article describes CONCUR's Chapter in the book: Desalination in California: The California Coastal Commission Poseidon Joint Fact Finding Process” and provides insight into this JFF process by highlighting quotes from participants involved in the case.

John Lande

How Can We Build Common Ground Between Bubbles? Part 1 of 4

(12/03/16)John Lande

This article analyzes Republican and Democratic 'bubbles" and how we can build bridges between them.

Scott McCreary

Leveraging an Early Joint Fact Finding Effort to Propel Use of the Approach and Improve Ocean Health

(12/02/16)Scott McCreary

This article tells the story of a collaborative effort between the Bodega Marine Lab, and CONCUR principal Scott McCreary (then an MIT PhD student), and top research scientists in their efforts to ban tributyltin in the United States in the early 1980's.

Underdog Negotiating: A Dialogue on Asymmetric Bargaining

(11/30/16)Robert Benjamin, Peter Adler

Do the Dems still have enough juice to bargain? Is there a strategy or plan? And, regardless of our individual political proclivities, do we as professionals have anything to suggest to current and future Underdogs when it comes to bargaining with Big Dogs?

Peter Adler

Interview with Peter Adler

(11/15/16)Peter Adler

This is the complete interview by Robert Benjamin with Peter Adler of Accord 3.0 and Past-President of The Keystone Center, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Juliana Birkhoff

Interview with Juliana Birkhoff

(11/07/16)Juliana Birkhoff

This is the complete interview by Robert Benjamin with Juliana Birkhoff, national leader in the field of public policy mediation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.

Jim Melamed

After Trump v. Clinton: How “Stronger Together” and “Great Again” Can Become “Great Together”

(10/31/16)Jim Melamed

Wow, what a divisive election! Some reasonably fear that this is the end of civility in American society. One reasonably wonders whether things have ever been worse. So, what do we do on November 9?

Lester Levy

Resolving Complex Environmental Disputes

(9/09/16)Lester Levy

This article discusses early cooperation between parties and insurers in resolving complex environmental disputes. It summarizes strategies that recently succeeded in a six-way dispute over the costs of investigating and remediating an extended plume of PCP groundwater contamination.

Peter Adler

A User's Guide to Joint Fact Finding — "JFF"

(7/27/16)Peter Adler

Joint Fact Finding (JFF) is a public engagement strategy that creates a needed safe harbor for technical and scientific discussions between all sides.

John Paul Lederach

Convincing Violent Groups to be Non-Violent - Video

(7/22/16)John Paul Lederach

John Paul Lederach describes discussing alternatives to violent conflict with groups who felt powerless and that violence was their only avenue of action. One method he uses is to ask them what violence has achieved historically.

Jim Melamed

Effective Conversations in American Society: Time for a National Mediation Act

(7/20/16)Jim Melamed

Please join Mediate.com in recognizing the importance of effective conversations and mediation by supporting a National Mediation Act. This is the shift in social consciousness, American exceptionalism and American leadership that we and the world now most need.

Chris Moore

Interview with Chris Moore

(6/14/16)Chris Moore

This is the complete interview by Robert Benjamin with mediation pioneer Chris Moore, Founder of CDR Associates in Boulder, CO, and a long time leader in the area of public policy mediation, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.

Mediate.com ZZZZZ

Second Edition of the Electronic Guide to Federal Procurement Alternative Dispute Resolution (ADR)

(5/25/16)Mediate.com

Welcome to the Second Edition of the Electronic Guide to Federal Procurement Alternative Dispute Resolution (ADR).

Bernard Mayer

Staying with Conflict - Election Edition: A Conflict Practitioner’s Lens on the US Election

(4/15/16)Bernard Mayer

In this seemingly endless election season, just about everyone who believes they have any angle at all on making sense of what is going on has weighed in with their analysis. So why not conflict professionals?

Susan Carpenter

Interview with Susan Carpenter

(4/08/16)Susan Carpenter

This is the complete interview by Robert Benjamin with Susan Carpenter, a national leader and author in the field of public policy mediation, filmed for the Mediate.com 'Views from the Eye of the Storm' Video Series.

Gail Bingham

Interview with Gail Bingham

(3/21/16)Gail Bingham

This is the complete interview by Robert Benjamin with Gail Bingham, President of RESOLVE, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Howard Bellman

Interview with Howard Bellman

(3/04/16)Howard Bellman

This is the complete interview by Robert Benjamin with Howard Bellman, a long-time leader in the field of labor-management mediation and mediation in the public sector generally, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Maria Volpe

Conflict Resolvers' Responsibility To Shape the Message of Negotiation

(2/23/16)Maria Volpe

Trump tends to define negotiation as one-sided winning. With all of the knowledge and skills amassed over the years, conflict resolvers have a lot to contribute to the discussion about how negotiations work.

Albie Davis

2015’s the 100th Anniversary of the Women at the Hague: Lessons for Today (Fall 2015)

(11/16/15)Albie Davis

If you are looking for a inspiring read, consider 'Women at The Hague: The International Congress of Women and Its Results' authored by three American women: Jane Addams, Emily Green Balch and Alice Hamilton. I have two copies. An original published November 1915 by Macmillan Company. The second is a soft-cover published in 2003 by the University of Illinois Press with an enriching preface by Professor Harriet Hyman Alonso, City College of New York.

Justinas Jarusevicius

Lithuania Has Restrained the Unruly Horse of Public Policy

(11/13/15)Justinas Jarusevicius

Public policy remains one of the most popular grounds used by the parties to oppose the recognition and enforcement of an arbitral award. Its vague content also makes its application in court greatly challenging – academics still refer to public policy as the “unruly horse”.

Frank Fowlie

ODR and Ombudsmanship

(10/03/15)Frank Fowlie

This chapter focuses on the applicability of Online Dispute Resolution (ODR) for a specific dispute resolution mechanism, the Ombudsman. The chapter is based on the experiences and observations of Dr. Frank Fowlie, who served as the Inaugural Ombudsman for the Internet Corporation for Assigned Names and Numbers (ICANN).

Joseph P. Folger

Pioneer Series: Transformative Mediation for all Cases? - Video

(10/01/15)Joseph P. Folger

Joe Folger believes that the purpose of mediation is to give people voice and choice and moments of recognition are powerful and just as important as getting settlement.

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