Government Mediation Articles
(6/17/19)Michael Aurit, Donald T. Saposnek
The Academy of Professional Family Mediators (APFM) recently became the first major organization to endorse The National Mediation Policy Act, a seminal national effort to improve the sanity of discourse in our country.
It is a privilege to speak here at the Salzburg Global Seminar. I'd like to start with some provocation. Imagine these alternatives to the usual headlines.
According to brand new 5/22/19 data from Alexa.com, Mediate.com is most visited and most linked mediation website, by far!
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.
The end of NDAs should be fundamental to encouraging good working environments across the NHS and the kind of honest, self-aware culture that both staff and patients can rely on.
Mediation should become more prominent than arbitration in the approach to investor-State disputes.
This is a new interview with public policy mediation leader Peter Adler by Robert Benjamin as part of Mediate's new "The Future of Mediation and Negotiation in Our Culture, Politics and Society" video series.
This is a new interview of Howard Gadlin, long-time leading Ombudsman at UCLA and the National Institute of Health (NIH), by Robert Benjamin as part of Mediate's video series "The Future of Mediation and Negotiation in Our Culture, Politics and Society."
(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.
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
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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.