Government Mediation Articles
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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.
In the wake of our extremely polarizing election this year, is moderation a virtue today?
Conflicts that are resolved only to etch out a settlement are resolved in the shallowest sense.
The current linguistic environment is instructive, scary, and actually great fun.
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.
(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?
Dealing with disputes effectively is indisputably a core skill for any manager.
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.'
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.
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.
The fight or flight response of our forebears remains strong when we are under pressure.
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.
This blog is a further reflection on the implications of Brexit, viewed from a Scottish perspective.
(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
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.
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.
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.
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.
Welcome to the Second Edition of the Electronic Guide to Federal Procurement Alternative Dispute Resolution (ADR).
There is an audio file stored on my mom’s computer, labelled “The Bad Call.” It’s a recording of a two-minute call between her and me on Sept. 9, 2009. I had, at that point, been a hostage in Somalia for over a year.
The Amman Message delivered by the Chief Justice of Jordan in 2004 is an extraordinary statement of tolerance and peace and deserves full reading by all who would comment on Muslim affairs. The Chief Justice emphasises peace, security, neighbourliness, coexistence and respect for others.
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.
As originally drafted and introduced into the California State Assembly, it provided that mediation confidentiality would not preclude the introduction of “… communications between a client and his or her attorney during mediation… in an action for legal malpractice or breach of fiduciary duty or both, and in a State Bar disciplinary action, if the attorneys’ professional negligence or misconduct forms the basis of the client’s allegations against the attorney.” In short, mediation confidentiality would not provide a shield to an attorney in a legal malpractice action, State Bar proceeding or disciplinary action where his alleged misfeasance or malfeasance arose during mediation.
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In February 2015, the U. N. Commission on International Trade Law (UNCITRAL) Working Group II (Arbitration and Conciliation) met in New York to consider the case for a Convention on the recognition and enforcement of international settlement agreements achieved through mediation. The task was to report on feasibility and the possible form of work in that area. The Working Group did receive several comments from states on the need; the status of settlements; possible exceptions; and the technical feasibility of this new convention. This article collectively summarises the questions underlying possible harmonized solutions.