Measuring Progress In The Fight Against Climate Change (7/13/09)
Larry Susskind
At a recent Burlington, Vermont meeting hosted by Robert Costanza (the leader of the ecological economics movement) and the Seventh Generation Corporation, we tried to figure out how to measure progress in combatting climate change over the next five years. I'm of the school that says "If you can't measure it, you can't fix it." So, five years from now, what do we have to measure and how do we have to measure it to know that we were making progress in the fight against climate change?

Georgia Regulations Require Mediation or Facilitation of Conflicts over Smart Growth Plans (7/07/09)
Keith Seat

Final regulations of the Georgia Department of Community Affairs requires that mediation or facilitation by a third party neutral be used when conflicts arise from efforts to plan for smart growth in the state. Details of the alternative dispute resolution processes are set forth, including a 90-day deadline which may be extended. The goal is to improve regional and state communication about planning and growth management issues.

RegAlert (June 10, 2009) (Subscription Required)

Early Resolution of Multi-Party Mining Disaster Achieved in Mediation (7/07/09)
Keith Seat

The 2007 Crandall Canyon mine disaster wrongful death and personal injury lawsuits were resolved in mediation for more than $22 million. The complex cases involved more than 100 participants, including sixteen groups of family plaintiffs, seven defendants, six primary insurance companies, additional secondary insurers, plus four employers. Participants considered the mediation to be challenging, with a weeklong mediation session, followed by negotiations among counsel, and a final marathon day of mediation. However, settlement was reached prior to any depositions in the case and saved an estimated five years of litigation and a huge emotional and financial toll.

Salt Lake Tribune (May 30, 2009)

And Now A Word From Mediators Beyond Borders On Climate Change (7/06/09)
Victoria Pynchon
In December 2009, delegates from around the world will meet in Copenhagen, Denmark for the 15th Conference of the Parties (COP 15) to the United Nations Framework Convention on Climate Change (UNFCCC). Copenhagen will provide a critical opportunity for the world’s nations to reach a comprehensive agreement before the commitments set out in the Kyoto Protocol expire in 2012.

Put Conflict Resolution On The Climate Change Conference Agenda (6/29/09)
Victoria Pynchon
During eleven days in December 2009 delegates from throughout the world will meet in Copenhagen for the 15th Conference of the Parties – COP15 – to the United Nations Framework Convention on Climate Change, UNFCCC. The Denmark meeting is crucial for the international climate change negotiations. The climate change crisis challenges people throughout the world to invent and implement innovative ways to mitigate and thwart climate changing causes and effects. The crisis calls for new methods for nations and people to overcome differences and work together with the objective of preventing and resolving conflict arising because of limited resources and/or the effects of climate change.

Wisconsin Smart Growth Requirements Provide Mediation Opportunities (6/22/09)
Keith Seat

Wisconsin counties, cities and towns are required to complete comprehensive smart growth plans covering utilities, economic development, housing, transportation, intergovernmental relations and more under the Wisconsin Comprehensive Planning Law, enacted in 1999, which contains a deadline of next January 1. The state has been offering $2 million a year in grants to help local governments develop their plans, which involve complex planning that can be aided by mediation, especially in furthering cooperation among communities. The Department of Administration maintains a roster of dispute resolution providers who can assist in intergovernmental and related issues. Once the January 1 deadline arrives, local governments may only take action consistent with their comprehensive plans. Completed smart growth plans range from 100 to 500 pages in length.

Wisconsin Law Journal (May 25, 2009)

The Sovereignty Claims Of Indigenous Peoples (6/22/09)
Larry Susskind
Think about it from their perspective. Assume you are part of a group that has inhabited a place for at least a thousand years. Your ceremonies and traditions date back a lot farther than those of the interlopers who now control every aspect of your life. Your people have been connected to that particular place for all of recorded history. Yet, now, the national government that surrounds you wants to dictate what you can and cannot do with your land and how your children should be educated.. That national government has sold the mineral rights out from under you (and kept all the money), polluted the waters you depend on, and stripped the forest that has always been your primary source of food. Wouldn't you be angry?

A View of Mediation in the Future (6/21/09)
James Melamed
One topic that is not talked about much is: mediation in the future. Perhaps we assume that the future of mediation is self-defining or that "others" will make good choices. Will courts and agencies be the primary delivery system for mediation? It did not start that way. What about community programs? And what about technology? Mediation may be soon coming to a pocket or purse near you.   4 Comments

Climate Change Disputes May Benefit from Mediation (6/15/09)
Keith Seat

Increasing numbers of lawsuits and disputes are arising from climate change allegations, which are being taken more seriously by the courts. The cases are complex and often involve multiple parties, so are often well suited to mediation where a skilled mediator can help the parties work through the issues to reach better outcomes, including sophisticated solutions that could not be achieved in other ways. However, a few cases do need judicial or political decisions on the scope of rights and remedies.

Fulton County Daily Report (April 10, 2009) (Subscription Required)

Urban Planning: The Key Is Collaboration (6/15/09)
Larry Susskind
Urban planning is a profession. People all over the world are trained to be urban planners and they have been for a long time. Above all, planners must know how to reconcile conflicting claims in the face of limited resources. It is not possible to take action in the public arena without political support. So, planners have to know how to generate an informed constituency ready, willing and able to push for change.

Governance: What Does It Mean? And, What Is Good Governance? (6/08/09)
Larry Susskind
When organizations or groups of actors are chided about the way they govern themselves, it often means that they are not paying enough attention to the way they involve (or communicate with) their members prior to making decisions.

La Mediación en España, Edición 2009 (5/28/09)
Franco Conforti
El desarrollo de la mediación en España es de reciente data, su historia es breve si la comparamos con países como EEUU, Canadá o Gran Bretaña. El origen de la mediación se sitúa en EEUU en los años 70 en que justamente la proliferación de las separaciones matrimoniales hizo de La Mediación el método más exitoso.

Obama And Open Government (5/25/09)
Colin Rule
The White House announced its Open Government initiative today. My good friend Beth Noveck's fingerprints are all over this. I urge you to visit the site and participate in the "Brainstorming" phase. This is an exciting step forward in both participating and transparency for the Federal level in the US.

Mediator Facilitates Six-Month Discussion on Health Care Policy (5/13/09)
Keith Seat

Eighteen health-interest groups, including insurers, consumer advocates and hospitals, issued a report urging the government to meet the goal of all Americans having health insurance. With the help of a mediator over a six month period progress was made by the groups, which called their effort the Health Reform Dialogue, but consensus was not reached on divisive issues such as whether to mandate that all consumers must obtain health insurance. The American Federation of State, County and Municipal Employees pulled out of the talks in February and the Service Employees International Union didn’t join on the report, but the 18 groups that issued the report included large entities such as the Pharmaceutical Research and Manufacturers of American and the American Medical Association.

Bloomberg (March 27, 2009)

Governor Uses Mediation Confidentiality to Shield Deal with Power Plant (5/13/09)
Keith Seat

The confidentiality of mediation is preventing dissemination of details about an agreement that was negotiated between the state of Washington and the only coal-fired power plant in the state. The owner of the plant agreed to significant emission reductions, but critics question whether the state could have done better. Open government advocates are concerned about the public-records exemption for mediation confidentiality.

The News Tribune (April 8, 2009)

Mediation Helps Prepare Inmates for Release (5/13/09)
Keith Seat

The Maryland Division of Correction is expanding to a medium security prison its pre-release mediation program for inmates. The program is voluntary for inmates, allowing them to attend up to three mediation sessions with the person who will provide a home for them once they are released. The mediation program helps resolve conflicts that may lead to future trouble, giving the inmates a better chance at success once they are released.

The Examiner (April 14, 2009)

Green Technology Innovation (5/11/09)
Larry Susskind
I believe the consensus building approach to collective decision-making is the only way we will be able to promote green technology innovation at sufficient scale to achieve a meaningful shift to more sustainable patterns of development.

The Brave New World Of Disputes (4/27/09)
Jeff Thompson
A recent article written in the National Law Journal by Ian Meredith, Laura Atherton and Marcus M. Birch gives us a glance at potential massive disputes that will arise in the next two decades. The top three areas of possible conflict stem from the analysis of the National Intelligence Council's 2008 report, "2025 Global Trends: A Transformed World.

Remaining 9/11 Cases Mostly Settled in Mediation (4/15/09)
Keith Seat

Ninety-two of 95 lawsuits by victims of the September 11, 2001 attacks have been settled in mediation by the airlines and other defendants for about $500 million. Plaintiffs in these 95 lawsuits had opted out of the special fund established by Congress which distributed over $7 billion to more than 5,000 survivors. The mediator noted that a significant number of the disputes were more about the families having a chance to express their losses or anger, rather than about money. Face-to-face encounters between the families and airline representatives were critical in about a third of the settlements and there were “lots of tears,” according to the mediator. Trial dates have not been set in the remaining three cases.

Breitbart (March 5, 2009); Bay Ledger News Zone (March 5, 2009)

Oregon State Agency Dispute Resolution Programs and Collaborative Problem-Solving Activities (4/10/09)
Mike Niemeyer
On April 2nd, 2009 the Oregon Department of Justice published a report on state agency dispute resolution programs. The report reviews the impacts, trends and activities of Oregon’s dispute resolution programs and collaborative problem-solving efforts over the last two years.