Government Mediation Articles
(12/28/18)Supreme Court of India
Mediation has emerged as a fast growing disputes redressal mechanism. The Supreme Court of India has constituted Mediation and Conciliation Project Committee (MCPC) to oversee the effective implementation of Mediation and Conciliation in the country.
According to new data from Alexa.com, Mediate.com is most visited and most linked mediator directory website.
In this article, Arjun Pal discusses the impact of mediation in India.
This chapter focuses on areas of ODR that are likely to involve attorneys, Attorney involvement in ODR tends to be for more complex and substantial disputes, such as resolving all divorce issues or settling an estate or resolving ongoing business issues. These are areas of “integrative” ODR practice, where there are multiple issues and, commonly, a continuing relationship.
Sometime between 480 and 221 BC during China’s Warring States Period, a general named Wu wrote a short and now widely read treatise on how to win a big fight. The highest excellence, he said, is the “sheathed sword,” achieving your goal without fighting.
As a non-lawyer who teaches in law schools, I have been brought into the “justice” conversation many times. I am asked: How can you be sure your online systems will deliver justice?
This article discusses 12 tips for hiring the right mediator for the right situation.
In our mediation efforts, once we are in the realm of “public policy,” we are inevitably poking our noses into questions of intergenerational equity and “governance” and how authentic collaboration can be achieved or improved.
These are dark times, especially if you are part of the loose community of people who by virtue of nature and/or nurture, are of a mediative persuasion.
It may come as a surprise that online dispute resolution has been around for more than twenty years.
On Tuesday 10th April 2018, I was in Belfast to commemorate the 20th anniversary of the Good Friday Agreement (GFA) with all the great and the good who took part in those negotiations.
Intermediaries, honest brokers, and would-be peacemakers have much to learn from warfare. In fact if you want to understand mediation, learn about war.
(3/16/18)Donald T. Saposnek
After 911, our lives changed seemingly forever. No longer a safe, secure, innocent society, Americans have come to a tipping point.
The disruptive force of technology has led to innovative dispute resolution practices
that increase access to justice and also raise new ethical considerations.
(9/07/17)Klaus Peter Berger
This is a book review by Michael Leathes of Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration by Klaus Peter Berger.
In his journal article, Professor Bradford discusses creating a simplified online arbitration remedy to be used in situations where crowdfunding fraud has occurred.
A degree of controversy still surrounds characterising ADR as an ‘access to justice’ issue.
(5/26/17)Carole Houk, Lauren Marx
In the decades since the initial 1990 Recommendation of the Administrative Conference of the United States (ACUS or the Conference) on federal ombuds was adopted, the milieu in which government operates has, by all accounts, become more polarized, with government itself often the target of suspicion and hostility.
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)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?
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Dealing with disputes effectively is indisputably a core skill for any manager.