Public Policy Section


Public Policy & Environmental Articles


Scott McCreary

Leveraging an Early Joint Fact Finding Effort to Propel Use of the Approach and Improve Ocean Health

(12/02/16)Scott McCreary

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.

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?

Juliana Birkhoff

Interview with Juliana Birkhoff

(11/07/16)Juliana Birkhoff

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.

Jim Melamed

After Trump v. Clinton: How “Stronger Together” and “Great Again” Can Become “Great Together”

(10/31/16)Jim Melamed

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?

Lester Levy

Resolving Complex Environmental Disputes

(9/09/16)Lester Levy

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.

John Paul Lederach

Convincing Violent Groups to be Non-Violent - Video

(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.

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.

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).

Susan Carpenter

Interview with Susan Carpenter

(5/23/16)Susan Carpenter

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.

Bernard Mayer

Staying with Conflict - Election Edition: A Conflict Practitioner’s Lens on the US Election

(4/15/16)Bernard Mayer

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?

Gail Bingham

Interview with Gail Bingham

(3/21/16)Gail Bingham

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.

Howard Bellman

Interview with Howard Bellman

(3/04/16)Howard Bellman

This is the complete interview by Robert Benjamin with Howard Bellman, a long-time leader in the field of labor-management mediation and mediation in the public sector generally, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Maria Volpe

Conflict Resolvers' Responsibility To Shape the Message of Negotiation

(2/23/16)Maria Volpe

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.

Albie Davis

2015’s the 100th Anniversary of the Women at the Hague: Lessons for Today (Fall 2015)

(11/16/15)Albie Davis

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.

Justinas Jarusevicius

Lithuania Has Restrained the Unruly Horse of Public Policy

(11/13/15)Justinas Jarusevicius

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”.

Frank Fowlie

ODR and Ombudsmanship

(10/03/15)Frank Fowlie

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).

Joseph P. Folger

Pioneer Series: Transformative Mediation for all Cases? - Video

(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.

Larry Susskind

The Effects of Climate Change Are All Local: Here's What You Can Do to Help Manage the Risks

(8/14/15)Larry Susskind

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.

Jeff Thompson

Obama Announces Change in Hostage Policy

(8/08/15)Jeff Thompson

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.

Gracious Timothy

The UNCITRAL Convention on Enforceability of Settlement Agreements Resulting from International Commercial Mediation

(7/30/15)Gracious Timothy

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.

Boroka Ganyu

Conflict and the Mediator: Peace Within – Redefining Interpersonal Conflict

(5/08/15)Boroka Ganyu

This article introduces a feminine (emotional-relational) approach to interpersonal conflict. I will redefine interpersonal conflict as a mental representation, and as a basis for defining inner peace.

Donal O’Reardon

Conflict and Psychological Development: “Six Stages of Conflict Reasoning”

(5/01/15)Donal O’Reardon

In the 1960’s the psychologist Lawrence Kohlberg (1927-1987) listed six stages of moral development. Kohlberg says these stages can’t be jumped, you have to go through them in order. And they are universal, they apply no matter what culture you’re in. With a little thought we can link these to conflict and conflict resolution. Kohlberg’s stages don’t only tell us about a person’s moral reasoning, they also tell us what kind of conflict they get into and how we can help them to deal with it.

The 2015-16 Global Pound Conference Series - Prospectus

(4/15/15)Michael Mcilwrath, Jeremy Lack

“Shaping the Future of Dispute Resolution & Improving Access to Appropriate Justice." The goal of the Global Pound Conference (“GPC”) Series is to improve access to justice around the world by generating actionable data from stakeholders in the dispute prevention and resolution fields to facilitate greater access to appropriate dispute resolution (“ADR”) processes worldwide. Please join our efforts!

Mediation Styles

(3/30/15)Tony Belak, William Hymes

Conflict is not unique to humans, but it can be said that the involvement of third parties in conflict, for better or worse, is a distinctly human activity and it has been around since Man began speaking and walking erect. Given this history, it is unsurprising that over time, innumerable styles, techniques and customs have come into play, and it is further unsurprising that the relative merits, and applicability of of these techniques have become the topic of scrutiny, study and academic debate.

Jim Melamed

Now Negotiating with Iran; Remembering Senior Mediators Statement Urging Effective Negotiation Approaches

(3/30/15)Jim Melamed

This article was originally posted during October of 2006. That was a time when the Bush administration absolutely refused to talk with Iran. This outraged many Americans, including many mediators. Now, with the U.S. and Iran seriously talking, if not agreeing, it is appropriate and timely to wonder whether this example of "mediator activism," now 9 years ago, may have played a small part in encouraging the negotiations that have come to take place.

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