Public Policy Section
Public Policy & Environmental Articles
As mediators, we are hired and trusted to come into a situation and use our best judgment and experience to deliver results in the form of durable negotiated agreements and changed behavior. In rare situations we will encounter abrasive behavior by one or more parties, and in those cases we must be prepared to shift our process to accommodate the landscape and serve the parties in the best way possible.
Regardless of who you supported during the 2020 election, it’s inevitable that you’ll hear, see, or experience the increased emotionality brought about by our current political climate, especially during the holiday season.
This article looks at using mediation to resolve post-quarantine disputes.
(12/11/20)Thomas Wahlrab, Robert Baruch Bush
Even after the election results are finalized and the new President inaugurated, one thing will remain unresolved – the deep divide within the nation that the campaigns for the presidency confirmed.
(12/07/20)Ariel Kirzner, Bruce Ally
This article focuses on a specialized class of employment law and human rights issues where there an overlap exists between matters of creed or religion and the legal relationship. In heterogeneous societies, people will disagree, sometimes passionately and fundamentally, over socio-politics, economics, spirituality and other beliefs and conduct.
The APFM, NAFCM, MBB & ACR have joined Mediate.com's groundbreaking efforts to set America on a better path by sponsoring the "National Mediation Policy Act" (NMPA). The Act declares a national policy favoring voluntary mediation over disputes being litigated, remaining unresolved or resulting in violence.
Greetings from the future, 10 years in the future to be exact, November 28, 2030 to be even more precise. It is Thanksgiving Day 2030, and we are here testing a previously secret joint project of Mediate.com and Zoom wherein future text and image communications, up to 10 years into the future, can now be sent and published “backward in time.” Crazy, I know.
(11/20/20)John Brand, Felicity Steadman
Many South African Schools are facing demands to change and even to radically transform themselves. Some of these demands relate to the ‘isms’ such as racism, and other identity related issues.
After trying cases for most of my career and having served as a full-time neutral for the past five years, I’m convinced mediation is the best option for resolving cases while keeping your clients’ interests in mind, particularly for health care disputes.
Civility, respect, understanding, and the willingness to listen. These are core conversational virtues that are universally appreciated.
This article looks at how to resolve your property dispute as a commercial tenant, home renter, or landlord.
(11/02/20)Forrest (Woody) Mosten, Jim Melamed
Jim Melamed, Board Chair of Mediate.com, has announced the establishment of a blue-ribbon Online Mediation Training Task Force, to be headed by Forrest R. (Woody) Mosten, to make recommendations on best practices and possibilities for both generally training mediators online and training mediators to perform online mediation. The Task Force Executive Committee and Advisory Board have now been named.
(11/01/20)Donna Silverberg, Charles Wiggins
An interview with Donna Silverberg and Charles Wiggins about mediation, being married to a mediator, and the future of mediation. Recorded and shared as part of the Mediation 20/20 Conference.
(10/26/20)Sarah Daitch, Jordi Honey-Rosés
This article is a comparison of two facilitation approaches to group decision-making.
(10/19/20)Jim Melamed, Clare Fowler, Colin Rule
Mediation 20/20 Complete Day 3 Video: (1) Envisioning Mediation for a New Generation - Where Should We Go? Technology and New Generational Expectations; and (2) Moving Forward - How Do We Get There?
Promoting the Mediators Green Pledge is now the purpose of a new WoMACC site. It seems to be one way to commit to our future. I invite you to sign up to the Green Pledge and to promote it to those you know and work with.
This article addresses internal and external skills for mediators to use during this time of Covid-19, to raise awareness of internal biases, and shift those biases in order to skillfully mediate for our clients.
All you need to know is – there is No Mo Fo Mo. Everything prior to 2019 B.C. (Before Corona) was a rehearsal; we are now living in the real digital age.
As the world continues to grapple with racial injustice and unrest as masses of people from all ethnicities protest in the streets, this article examines the subliminal influence of historical racial symbols and practices namely, statues and monuments, slave plantation sites and tours, market houses where slaves
were sold, and street names that bear the scars of slavery.
A psychologically safe space must be offered and maintained if a participant is going to be invited to and chooses to explore any underlying drivers to their thoughts and behaviours which may have contributed to the formation or perpetuation of conflict with another.
A survey of judges provides some insight on the mediation landscape in Wisconsin.
(8/28/20)Richard Barbieri, Bernard Mayer, Richard Susskind
This work juxtaposes an announcement by AAA-ICDR with articles that promote dialogue to address racial: 1) Are We Ever Neutral? Should We Be? 2) Staying with Conflict - Election Edition: A Conflict Practitioner’s Lens on the US Election 3) What's the Right Thing to do When You are Really Angry About What's Happening in America?
(8/24/20)Andrea Maia, Gregg Relyea
This article discusses the "Community Spread" of Mediation in a Post COVID-19 World.
Apologies for medical errors and poor medical outcomes are typically omitted from the practice of medicine in the classic tort malpractice approach to managing communication to the detriment of injured patients.
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According to brand new 8/16/2020 data from Alexa.com, Mediate.com is most visited and most linked mediation website, by far!