Public Policy Section


Public Policy & Environmental Articles


Mediate.com Announces Mediation Futures Project

(1/20/15)Jim Melamed, Clare Fowler, Robert Benjamin

In Celebration of our 20th Year, Mediate.com has announced The Mediation Futures Project. Ultimately, our goal is to develop a set of blueprints for the mediation field most effectively moving into the future. Submit your article or comment today!

The Future of Mediation in Different Sectors

(1/05/15)Susan Dubow, Elinor Robin

Mediation has come a long way in the last 4 decades since it was endorsed, but this article examines all of the areas in which mediation still needs to grow.

Nadja Alexander

Do We Need Laws to Help Us Say Sorry?

(1/02/15)Nadja Alexander

On the last day of the year, like many of you, I find myself reflecting on the events of the past 12 months, the highs and lows, the tensions and the takeaways. Here is one of the takeaways.

Brad Heckman

Police Academy IX: This Time It’s Interpersonal

(12/19/14)Brad Heckman

The New York Peace Institute recently conducted a mediation training for the NYPD. They have kindly shared how the training went, tips and tricks for training, and some insights into the cross-over between police and mediation.

Mary Novak

The Ups and Downs of ADR Policymaking

(9/26/14)Mary Novak

This is the story of how a law intended to increase mediation use led to a dramatic drop-off in mediation and what was done to try to fix the error.

Cris Pastore

6 Major Mistakes to Avoid in a Do-It-Yourself Divorce

(9/05/14)Cris Pastore

Although spouses claim to have everything worked out, they almost always fail to consider some very important details. Read this article and learn the 6 common mistakes to avoid when attempting to resolve your own divorce.

Rachel Ehrlich

Shhhh! The Big Risk Associated With Mediation Confidentiality Nobody Talks About

(9/05/14)Rachel Ehrlich

In complex civil disputes it is not uncommon for information to be provided through mediation and that information is often subject to mediation confidentiality. When related disputes (contractual indemnity, insurance carrier contribution, insurance coverage and bad faith, and reinsurance) arise, mediation confidentiality prohibits using the information relied upon as evidence in the related matter.

Martin Svatos

When the Mediators Pay the Highest Price

(8/22/14)Martin Svatos

Recent development in the Near East reminds how long and disastrous the Arabic-Israeli conflict is. Unfortunately, it has already claimed thousands of victims and every one of these tragedies could narrate a specific and sad story. One among them is especially important to be commemorated since it recounts a life and work of the first UN mediator who had saved thousands of prisoners in the Second World War and who was later killed carrying out his duties.

Jill Gross

Hat Trick: NHL Adds Arbitration Clause

(8/22/14)Jill Gross

Little did I know that I was on NHL.com’s email list. I guess having a son wild about all things hockey must have had something to do with it. So you can imagine my surprise on Saturday morning when I woke up to an email from NHL.com informing me of the new arbitration clause it was adding.

Beth Graham

Mediator Ethical Breaches: Implications for Public Policy

(8/15/14)Beth Graham

Court-connected mediation, which includes both court mandated and court encouraged mediation, has become a well-established part of the judicial system in the United States. There are many public policy implications of this phenomenon. These include the underlying goals of the development of court-connection mediation and the responsibility to the public once a court-connected mediation program is established to ensure that the public has access to quality providers of mediation services.

Joel Grossman

Big Mac Attack: Is the Franchisor a Joint Employer?

(8/15/14)Joel Grossman

On July 29, 2014, the National Labor Relations Board (“NLRB”) issued a brief statement that could turn labor law in the world of franchising upside down. The NLRB’s General Counsel stated that it plans to go forward with a number of complaints that allege unfair labor practice claims against McDonald’s USA, LLC.

Frank Sander

Pioneer Series: Concerns and Optimism for Future - Video

(7/07/14)Frank Sander

Frank Sander reflects on his concerns within the field, which include the tension of quality vs. quantity of the practice, the lack of studies of cost effectiveness, disappointments with the court system fees, and the difficulty of getting more young people/apprentices into the field. However, he's optimistic about the future of mediation.

Robert Alm

Politics, Science and Collaboration

(5/20/14)Robert Alm

This article: “Politics, Science and Collaboration” by Robert Alm, Esq., President of the Collaborative Leader’s Network in Honolulu, Hawaii, is from Mr. Alm's keynote presentation at the first ever Joint Fact Finding Conference coordinated by Peter Adler on March 6, 2014.

Donald T. Saposnek

Pioneer Series: Transcending Mediation Models - Video

(5/15/14)Donald T. Saposnek

Don Saposnek describes how different mediation models, while they may have different qualities and values, are often blended together by experienced mediators.

The Limelight Hypothesis, Part 2

(5/05/14)Peter Adler, David Matz, Doug Thompson

Being an essay of opinions and observations on sundry issues related to the practice of negotiation; politics and electioneering; dickering over debt in the nation’s capital; Otto von Bismarck’s admonition about watching laws and sausages being made; a budding theory on the effect of constant attention-mongering from MSNBC, FOX News, and other bloggers, pundits, and blabbermouths; the creation of statutes, ordinances, rules, policies, regulations, and standards; and the making of hot dogs, chorizos, kielbasas, and bratwursts.

Laura Pearlman

State of Maine 2014 Report on Foreclosure Mediation Program

(5/04/14)Laura Pearlman

In 2009 the Maine Legislature established the Foreclosure Diversion Program (“FDP”) in the Maine Judicial Branch. It affords a valuable opportunity for homeowners and lenders to consider mutually beneficial alternatives to foreclosure. The FDP continues to see a high level of activity. In 2013, the FDP conducted 2,518 mediation sessions in 1,697 foreclosure cases. A total of 4,756 foreclosure cases were filed in Maine in 2013, an increase from the 4,339 cases filed in 2012.

The Limelight Hypothesis

(4/28/14)Peter Adler, David Matz, Doug Thompson

There is a Yiddish proverb that says God made man because he loves stories. The world is made of stories and good stories make the world. So here is a good story about negotiation.

Michael Moffitt

5.15B Environmental Settlement in Anadarko v. Kerr-McGee

(4/04/14)Michael Moffitt

For those law school ADR Evangelists looking for opportunities to woo colleagues from other doctrinal disciplines, the Anadarko / Kerr-McGee settlement yesterday should have you scrambling to talk with your faculty colleagues in Environmental Law and in Bankruptcy.

Caseload Manager zzzzz

Caseload Manager Selected for Illinois Statewide Foreclosure Mediation Program Case Management

(3/15/14)Caseload Manager

RSI has selected “Caseload Manager” to provide online cloud-based case management services for approximately 10,000 annual Illinois foreclosure mediation cases. Caseload Manager is the world's leading secure, cloud-based ADR case management service that, according to CEO James C. Melamed, J.D., “allows the right people to see the right information.”

Giuseppe dePalo

Voluntary Mediation? Apparently, the False Prince Charming

(3/14/14)Giuseppe dePalo

The recent publication of a study conducted for the European Parliament on Mediation has contributed to the ongoing international debate about effective mediation policy. This article continues that debate, by presenting a response to the study, and comments on the response.

Beth Graham

Dallas COA Holds Cellular Network Technology Dispute is Subject to Arbitration

(3/14/14)Beth Graham

Texas’ Fifth District Court of Appeals in Dallas has affirmed a lower court’s decision stating an agreement to arbitrate existed between two cellular network technology companies. In Tecore, Inc. v. AirWalk Communications, Inc., No. 05-12-00130-CV (Dallas App. – December 4, 2013), a cellular network manufacturer, Tecore, agreed to purchase and distribute equipment manufactured by AirWalk Communications.

Jeff Thompson

What Role Does the Environment Have In Negotiation & Mediation?

(3/14/14)Jeff Thompson

If you had a choice in how to set up your mediation or negotiation room, how would it look? I asked, as part of my PhD research at Griffith University Law School (I'm research nonverbal communication and mediation), this question.

Bernard Nguyen

Bilingual Mediation, Part 2

(3/07/14)Bernard Nguyen

As a dispute resolution practitioner, one must constantly assess oneself in various elements, aspects and total competency before taking a task, assignment, or mission to manage the process of mediation where parties are not able to communicate in a culturally competent level. To be an effective bilingual mediator, one should possess the cultural sensibility and linguistic competency to quickly create a rapport that subsequently opens parties up for amicable dialogue.

A Practical Guide to Comprehensive Conflict Management Systems

(3/07/14)Carole Houk, Deborah Katz

Many organizations have embraced alternative dispute resolution. Yet, they continue to search for more comprehensive approaches that help them not only to resolve conflicts that have escalated into disputes but also to manage risk, manage relationships and manage their bottom line. Is the answer to this search integrated conflict management systems (ICMS)?

Best Practice Guide on the Use of Mediation in Cross-Border Disputes

(2/21/14)Zeno Daniel Sustac, Jamie Walker

Sometimes, the act of justice leaves one or more parties being unsatisfied with a judicial decision and generates a resolution based on the “loser-winner” paradigm. The consequence is often, in addition to the preservation of their conflicted status, the prolonging of the expensive and stressful judicial dispute. Mediation, as an alternative method of conflict resolution, starts with the principle of seeking to most capably satisfy the parties’ interests with a sustainable agreement based on free will. This approach, in the context of globalization, confers mediation with the quality of being an effective cross-border and cross-cultural method of conflict resolution. This article is an excerpt of a thesis analyzing the benefits and unforeseen consequences of mediation in cross-border disputes. This article focuses on the importance of training mediators on cross-border disputes.

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