Government Mediation Section


Government Mediation Articles


Leah Wing

Ethical Principles for Online Dispute Resolution: A GPS Device for the Field

(9/07/17)Leah Wing

The disruptive force of technology has led to innovative dispute resolution practices that increase access to justice and also raise new ethical considerations.

Klaus Peter Berger

Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration - Book Review

(9/07/17)Klaus Peter Berger

This is a book review by Michael Leathes of Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration by Klaus Peter Berger.

Beth Graham

Online Arbitration as a Remedy for Crowdfunding Fraud

(8/25/17)Beth Graham

In his journal article, Professor Bradford discusses creating a simplified online arbitration remedy to be used in situations where crowdfunding fraud has occurred.

Shirli Kirschner

Access to Justice and ADR

(8/18/17)Shirli Kirschner

A degree of controversy still surrounds characterising ADR as an ‘access to justice’ issue.

Jim Melamed

Comparative Data on Mediation Websites: Most Visited and Most Linked

(6/13/17)Jim Melamed

According to Alexa.com, Mediate.com is most visited and most linked mediation website.

Carole Houk

Federal Ombuds Report

(5/26/17)Carole Houk, Lauren Marx

In the decades since the initial 1990 Recommendation of the Administrative Conference of the United States (ACUS or the Conference) on federal ombuds was adopted, the milieu in which government operates has, by all accounts, become more polarized, with government itself often the target of suspicion and hostility.

Peter Adler

Disputing at a Panchayat Meeting

(3/14/17)Peter Adler

When I was twenty-two years old, I did a two-year stint as a Peace Corps Volunteer. Here is a brief account of a dispute resolution meeting with a local governing council called the panchayat.

John Lande

Is Political Moderation a Virtue These Days?

(2/04/17)John Lande

In the wake of our extremely polarizing election this year, is moderation a virtue today?

Dan Simon

Even the Best Mediation Doesn’t Eliminate Differences – Nor Should It

(2/03/17)Dan Simon

Conflicts that are resolved only to etch out a settlement are resolved in the shallowest sense.

Maria Simpson

Such Interesting Language!

(1/27/17)Maria Simpson

The current linguistic environment is instructive, scary, and actually great fun.

Phyllis Pollack

Exception to Mediation Confidentiality: Moving Forward

(12/09/16)Phyllis Pollack

On December 1, 2016, The California Law Revision Commission (“CLRC”) met once again to discuss its Study K-402-Relationship Between Mediation Confidentiality and Attorney Malpractice and Other Misconduct.

Underdog Negotiating: A Dialogue on Asymmetric Bargaining

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

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 Huang

Some Timeless Business Wisdom from Peter Drucker and How It Can Help Your Dispute Resolution Efforts

(11/28/16)Peter Huang

Dealing with disputes effectively is indisputably a core skill for any manager.

Michael Leathes

Deal Facilitators Can Help Transform The Brexit Negotiations

(10/25/16)Michael Leathes

Days after June's UK Brexit Referendum, US Secretary of State John Kerry advised: 'It is absolutely essential that we stay focused on how, in this transitional period, nobody loses their head, nobody goes off half-cocked, people don't start ginning up scatterbrained or revengeful premises.'

David Smith

Police Choices During a Crisis and a Marine Using His "Calm" Voice

(10/21/16)David Smith

This article discusses the May 6 incident where a Weirton WV police officer attempted to negotiate with an assailant and then other officers arrived and shot the person. This article discusses the importance of using negotiation in seeking to deescalate violence and the need for police to have this training.

John Lande

Non-Apology Apologies, Part 2

(9/16/16)John Lande

It seems that there are a lot of stories about questionable apologies in the news lately. I don’t intend to discuss all of them, but here are a few more thoughts about some of them.

John Sturrock

The Pressure is on to Re-train Our Brains

(9/02/16)John Sturrock

The fight or flight response of our forebears remains strong when we are under pressure.

John Lande

A History Lesson in Negotiation

(8/12/16)John Lande

One can look at our history as a 240-plus-year multi-party multi-issue negotiation in which our shared understandings have been revised and refined.

John Sturrock

Further Thoughts on Brexit and Caledonian Antisyzygy

(8/05/16)John Sturrock

This blog is a further reflection on the implications of Brexit, viewed from a Scottish perspective.

Michael A. Zeytoonian

Replacing the “Blame Game” with Something Better

(8/05/16)Michael A. Zeytoonian

In one of the strangest presidential campaigns in American history, one common theme stands out, unfortunately – that of finding fault with the other side. For whatever reasons, politicians spend too much time talking about what their opponent is or has been doing wrong

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.

Phyllis Pollack

To Leave or To Remain?

(6/27/16)Phyllis Pollack

Brexit: should Britain remain within the European Union or leave? The proponents on both sides have been quite strong in their respective positions accusing each other of exaggeration, if not misrepresentation.

Maria Simpson

Orlando and Radicalization

(6/27/16)Maria Simpson

As a former member of the IRA, and one who admits to violence, Sean O'Callaghan has clearer insights into this concept than a lot of commentators and psychologists who have not gone through this process and, more importantly, rejected it. His comments, made after the violence in France, are equally applicable to Orlando.

John Lande

Compared to What?

(5/27/16)John Lande

Although public perceptions are important indicators about the functioning of the court system, they are subject to biases and should be supplemented with other indicators.

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).

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