Government Mediation Section


Government Mediation Articles


Supreme Court of India - Mediation Training Manual

(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.

Mediate.com ZZZZZ

Comparative Data on Mediator Directory Websites

(12/25/18)Mediate.com

According to new data from Alexa.com, Mediate.com is most visited and most linked mediator directory website.

Arjun Pal

The Impact of Mediation in India

(12/24/18)Arjun Pal

In this article, Arjun Pal discusses the impact of mediation in India.

Jim Melamed

Online Dispute Resolution (ODR) for Lawyers

(12/21/18)Jim Melamed

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.

Peter Adler

Mediation Dance-Writing

(11/28/18)Peter Adler

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.

Colin Rule

Justice

(9/15/18)Colin Rule

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?

Harold Himmelman

12 Tips for Mediating Complex Business and Government Disputes

(7/20/18)Harold Himmelman

This article discusses 12 tips for hiring the right mediator for the right situation.

Peter Adler

Lessons from the Iroquois

(7/10/18)Peter Adler

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.

Peter Adler

The Gang of Fourteen

(5/29/18)Peter Adler

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.

Marcy Einhorn

Online Dispute Resolution: the “New Normal”

(5/18/18)Marcy Einhorn

It may come as a surprise that online dispute resolution has been around for more than twenty years.

Geoffrey Corry

Figuring Out George Mitchell’s Real Contribution to the Good Friday Agreement

(4/24/18)Geoffrey Corry

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.

Peter Adler

The Ghosts of Melos

(4/17/18)Peter Adler

Intermediaries, honest brokers, and would-be peacemakers have much to learn from warfare. In fact if you want to understand mediation, learn about war.

Donald T. Saposnek

Splitting America Redux: Implications for Keeping our Kids Safe

(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.

Leah Wing

Ethical Principles for Online Dispute Resolution: A GPS Device for the Field

(9/07/17)Leah Wing

The disruptive force of technology has led to innovative dispute resolution practices that increase access to justice and also raise new ethical considerations.

Klaus Peter Berger

Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration - Book Review

(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.

Beth Graham

Online Arbitration as a Remedy for Crowdfunding Fraud

(8/25/17)Beth Graham

In his journal article, Professor Bradford discusses creating a simplified online arbitration remedy to be used in situations where crowdfunding fraud has occurred.

Shirli Kirschner

Access to Justice and ADR

(8/18/17)Shirli Kirschner

A degree of controversy still surrounds characterising ADR as an ‘access to justice’ issue.

Carole Houk

Federal Ombuds Report

(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.

Peter Adler

Disputing at a Panchayat Meeting

(3/14/17)Peter Adler

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.

John Lande

Is Political Moderation a Virtue These Days?

(2/04/17)John Lande

In the wake of our extremely polarizing election this year, is moderation a virtue today?

Dan Simon

Even the Best Mediation Doesn’t Eliminate Differences – Nor Should It

(2/03/17)Dan Simon

Conflicts that are resolved only to etch out a settlement are resolved in the shallowest sense.

Maria Simpson

Such Interesting Language!

(1/27/17)Maria Simpson

The current linguistic environment is instructive, scary, and actually great fun.

Phyllis Pollack

Exception to Mediation Confidentiality: Moving Forward

(12/09/16)Phyllis Pollack

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.

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?

Peter Huang

Some Timeless Business Wisdom from Peter Drucker and How It Can Help Your Dispute Resolution Efforts

(11/28/16)Peter Huang

Dealing with disputes effectively is indisputably a core skill for any manager.

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