Public Policy & Environmental Articles
Peace is, and will continue to be, a pain in the butt.
A member of the Hawaii State House of Representatives has reportedly introduced a bill that would require mediation for certain real estate transactions occurring in the state.
(1/20/17)F. Peter Phillips
As has been widely reported, the Supreme Court has granted certiorari to review three conflicting decisions among the circuits on the enforceability of an employer’s unilaterally promulgated waiver of employees’ right to participate in collective redress.
Roger Fisher explains that when one party doesn't want to negotiate, talk to others around them to find out their motivations, interests, concerns, and worries.
The article describes CONCUR's Chapter in the book: Desalination in California: The California Coastal Commission Poseidon Joint Fact Finding Process” and provides insight into this JFF process by highlighting quotes from participants involved in the case.
This article analyzes Republican and Democratic 'bubbles" and how we can build bridges between them.
This article tells the story of a collaborative effort between the Bodega Marine Lab, and CONCUR principal Scott McCreary (then an MIT PhD student), and top research scientists in their efforts to ban tributyltin in the United States in the early 1980's.
(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?
This is the complete interview by Robert Benjamin with Juliana Birkhoff, national leader in the field of public policy mediation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.
Wow, what a divisive election! Some reasonably fear that this is the end of civility in American society. One reasonably wonders whether things have ever been worse. So, what do we do on November 9?
This article discusses early cooperation between parties and insurers in resolving complex environmental disputes. It summarizes strategies that recently succeeded in a six-way dispute over the costs of investigating and remediating an extended plume of PCP groundwater contamination.
(7/22/16)John Paul Lederach
John Paul Lederach describes discussing alternatives to violent conflict with groups who felt powerless and that violence was their only avenue of action. One method he uses is to ask them what violence has achieved historically.
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.
Welcome to the Second Edition of the Electronic Guide to Federal Procurement Alternative Dispute Resolution (ADR).
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.
In this seemingly endless election season, just about everyone who believes they have any angle at all on making sense of what is going on has weighed in with their analysis. So why not conflict professionals?
This is the complete interview by Robert Benjamin with Gail Bingham, President of RESOLVE, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Trump tends to define negotiation as one-sided winning. With all of the knowledge and skills amassed over the years, conflict resolvers have a lot to contribute to the discussion about how negotiations work.
If you are looking for a inspiring read, consider 'Women at The Hague: The International Congress of Women and Its Results' authored by three American women: Jane Addams, Emily Green Balch and Alice Hamilton. I have two copies. An original published November 1915 by Macmillan Company. The second is a soft-cover published in 2003 by the University of Illinois Press with an enriching preface by Professor Harriet Hyman Alonso, City College of New York.
Public policy remains one of the most popular grounds used by the parties to oppose the recognition and enforcement of an arbitral award. Its vague content also makes its application in court greatly challenging – academics still refer to public policy as the “unruly horse”.
This chapter focuses on the applicability of Online Dispute Resolution (ODR) for a specific
dispute resolution mechanism, the Ombudsman. The chapter is based on the experiences
and observations of Dr. Frank Fowlie, who served as the Inaugural Ombudsman for the
Internet Corporation for Assigned Names and Numbers (ICANN).
(10/01/15)Joseph P. Folger
Joe Folger believes that the purpose of mediation is to give people voice and choice and moments of recognition are powerful and just as important as getting settlement.
We've spent far too much time thinking about the global causes of climate change, and not nearly enough worrying about the local impacts that climate change is already having on coastal communities. This article discusses how we involved communities in a collaborative discussion about climate change.
President Barack Obama announced Wednesday that the government will no longer threaten to criminally prosecute families of American hostages who pay ransom to get loved ones back from such groups as ISIS.
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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.