Government Mediation Articles
Several times in the course of my life I’ve been involved with a cohort of people who envisioned themselves as a possible vanguard of fundamental social change even while they were pursuing professional careers In fact, many of the early mediation practitioners were also veterans of civil rights and anti-war activities who were drawn to ADR as an alternative path to justice, equality, and social change.
Students are marching in the streets to protest the recent killings of Black Americans. They want those in positions of power to acknowledge that these deaths are, at least in part, the result of unchecked racism that is still very much alive in our country. Whatever progress has been made over the past fifty years to address inequality, unfairness, racial bias, ignorance, lack of empathy and unequal opportunities, there is still a long way to go before everyday life in America aligns with the ideals we espouse as a nation.
S.I. Strong, Associate Professor at the University of Missouri School of Law, has published a book chapter entitled Non-Judicial Means of Collective Redress in Europe in Collective Redress in Europe (Oxford University Press, anticipated 2015); University of Missouri School of Law Legal Studies Research Paper No. 2014-29. In her book chapter, Professor Strong analyzes large-scale arbitration and other non-judicial avenues for collective redress in Europe.
As medical personnel, emergency aid workers, and diplomatic personnel return to the U.S. from West Africa, schools must manage tensions between local families who are fearful for their own children, and parents who have been at the front lines attempting to stem the epidemic. What mediator strategies may prove useful?
Richard Salem describes agency cutbacks as Community Relations Service was preventing violence in the Battle of Wounded Knee.
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.
(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.
Did you know there is an ADR process called “hot-tubbing?” This was news to me when I heard it mentioned last week at the Court ADR Symposium (which occurs every year on the day before the ABA Dispute Resolution Section Conference). As I understand it, the process is used sometimes in arbitration when there are conflicting expert opinions. Basically, the idea is that rather than simply hear expert testimony from each side sequentially, the arbitrator questions the experts concurrently.
The terms crisis and hostage are commonly used to refer to intense negotiations. The distinction between the two terms is important to understand. This is a pictographic explaining the difference.
When Resolution Systems Institute received a grant from the Illinois Attorney General to develop foreclosure mediation programs across the state, it was our opportunity to practice what we preach. From RSI’s inception, we’ve been telling courts that they need to monitor and evaluate their mediation programs to ensure that they’re providing quality services to those who come to them to resolve disputes. We’ve also been urging them to incorporate the development of a monitoring and evaluation system into their program design process.
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.”
Although the notion of forgiveness may seem far afield from the world of law, forgiveness is a powerful and important tool for conflict resolution. Litigants need legal solutions, but they also need peace, healing, and closure. Forgiveness provides a vehicle for achieving all of these.
For both plaintiffs and defendants, class action litigation is time-intensive, costly and requires close oversight from start to finish. As a result, parties are increasingly turning to alternative dispute resolution (ADR) providers to manage many aspects of class action litigation. The value that ADR can offer to parties extends well beyond reaching a settlement.
Mediate.com is ranked the top mediation and dispute resolution website by Alexa in its February 1, 2014 global website rankings. In business since 1996, Mediate.com has over 15,000 searchable mediation articles, blog posts, news items and videos. Mediate.com also hosts the most used mediator directory and offers mobile friendly website development, professional promotional services and cloud-based case management systems.
(11/15/13)Debra Oliver, Bathabile Mthombeni
Debra discovered mediation in 1989 and knew she had found her calling. She handles complex and eventful cases many mediators only dream of - including situations like that portrayed in Robert Redford's film, The Milagro Bean Field War. From mediating with gang membes and police offices to handling explosive divorce cases, her's is an exciting and fulfilling practice.
Last week, the Nevada Supreme Court rejected a non-profit organization’s request to examine records created as part of the state’s Foreclosure Mediation Program. Non-profit group Civil Rights for Seniors reportedly sought the records using the Nevada Public Records Act.
In 1964, George Bizos, a young lawyer, probably saved his client and good friend Nelson Mandela’s life by persuading him to change his now famous speech at the Rivonia treason trial. This speech helped to usher in skills of peace and negotiation.
The question of mandatory mediation is an interesting issue per se. According to some, the fundamental principles are at stake once discussing the forced attendance of parties in mediation procedure. The Italian legislator is obviously of different opinion having reintroduced the “mandatory mediation” to its legal system. One has to add – for the second time.
Crisis grips the California court system.
In Los Angeles County, budget cutbacks
have forced the courts to do away
with court reporters, reduce clerical staff,
close 10 courthouses, and assign personal injury
cases to a master trial calendar system.
At a time when ADR might be considered
one of the solutions for relieving
the increased burdens on the civil trial
courts that these changes will impose, the
Superior Court in Los Angeles instead
took the surprising step of closing its
entire court-connected ADR program.
"Let's send Richardson," President Bill Clinton once said, according to Bill Richardson, a former Clinton cabinet member. "Bad people like him."
Most of us were at least slightly frustrated by Washington’s inability to reach agreement over budget and debt limit issues in the past weeks and months. In fact this kind of dysfunction and brinksmanship has become more of a regular pattern than an aberration. Clearly the issues are complex as in any political debate and blame can be placed just about anywhere.
Build a golden-what? What does a bridge, no less a 'golden' one, have to do with mediation and negotiation and congress? Well, the term is from William Ury's book, Getting Past No.
Most of us who are trained mediators learned the process of “Principled Negotiation”. It’s the theory behind Roger Fisher and William Ury’s Great work -”Getting To Yes”. It teaches how to negotiate without compromising principles but by examining each parties’ positions and exploring the underlying needs and interests to create options that can help reach fair and equitable solutions and settlements.
Collaborative conflict resolution requires a safe space for the conflict to exist. A hostile climate drives people underground, but curiosity, respect, and a willingness to be influenced encourage open communication.
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Internal conflicts are endemic and natural to progressive political and social movements, in part because it is difficult to agree on how to define and change highly complex, volatile and evolving social problems. As a result, over time, different definitions of the problem and perceptions about the nature of those who defend and represent it result in radically different notions about what needs to be done to change it. This article helps to clarify definitions of conflict and people's goals for resolving it.