Government Mediation Section


Government Mediation Articles


John Sturrock

Further Thoughts on Brexit and Caledonian Antisyzygy

(8/05/16)John Sturrock

This blog is a further reflection on the implications of Brexit, viewed from a Scottish perspective.

Michael A. Zeytoonian

Replacing the “Blame Game” with Something Better

(8/05/16)Michael A. Zeytoonian

In one of the strangest presidential campaigns in American history, one common theme stands out, unfortunately – that of finding fault with the other side. For whatever reasons, politicians spend too much time talking about what their opponent is or has been doing wrong

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.

Phyllis Pollack

To Leave or To Remain?

(6/27/16)Phyllis Pollack

Brexit: should Britain remain within the European Union or leave? The proponents on both sides have been quite strong in their respective positions accusing each other of exaggeration, if not misrepresentation.

Maria Simpson

Orlando and Radicalization

(6/27/16)Maria Simpson

As a former member of the IRA, and one who admits to violence, Sean O'Callaghan has clearer insights into this concept than a lot of commentators and psychologists who have not gone through this process and, more importantly, rejected it. His comments, made after the violence in France, are equally applicable to Orlando.

John Lande

Compared to What?

(5/27/16)John Lande

Although public perceptions are important indicators about the functioning of the court system, they are subject to biases and should be supplemented with other indicators.

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.

Jeff Thompson

I owe my life to those who paid my ransom. But should Ottawa pay ransoms? No

(5/06/16)Jeff Thompson

There is an audio file stored on my mom’s computer, labelled “The Bad Call.” It’s a recording of a two-minute call between her and me on Sept. 9, 2009. I had, at that point, been a hostage in Somalia for over a year.

John Sturrock

The Middle East’s Mediator?

(4/29/16)John Sturrock

The Amman Message delivered by the Chief Justice of Jordan in 2004 is an extraordinary statement of tolerance and peace and deserves full reading by all who would comment on Muslim affairs. The Chief Justice emphasises peace, security, neighbourliness, coexistence and respect for others.

Phyllis Pollack

Update on Mediation Confidentiality

(8/28/15)Phyllis Pollack

As originally drafted and introduced into the California State Assembly, it provided that mediation confidentiality would not preclude the introduction of “… communications between a client and his or her attorney during mediation… in an action for legal malpractice or breach of fiduciary duty or both, and in a State Bar disciplinary action, if the attorneys’ professional negligence or misconduct forms the basis of the client’s allegations against the attorney.” In short, mediation confidentiality would not provide a shield to an attorney in a legal malpractice action, State Bar proceeding or disciplinary action where his alleged misfeasance or malfeasance arose during mediation.

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.

Howard Bellman

It’s Been A Trip and We're Not There Yet

(3/26/15)Howard Bellman

It seems I have reached the point in my career when those who would be historians ask for my recollections, assessment of the state of the art and vision of the future. Here is my polite reply, including my very personal description of our earliest days, some aspects of our evolution and the future as I would prefer it, not how I predict it. I would only add that I don’t know the dimensions of the learning curve we are on and I prefer to believe that despairing over unachieved goals is premature. Optimism, patience and tenacity ought to come naturally to mediators.

The Role of Intra-Group Consensus-Building in Disarming Militant Groups in Northern Ireland

(3/24/15)Benedetta Berti, Ariel Heifetz Knobel, Gary Mason

This study examines the internal process that led combatant groups in Northern Ireland, focusing on the Loyalist camp, to relinquish armed struggle as a viable strategy to accomplish their political goals. The study focuses on internal dynamics, i.e. intra-group negotiations and consensus- building mechanisms that Loyalist militant organisations employed to switch from violence to non-violence and from confrontation to engagement with their enemies.

Howard Gadlin

Truths in Advertising

(1/26/15)Howard Gadlin

Several times in the course of my life I’ve been involved with a cohort of people who envisioned themselves as a possible vanguard of fundamental social change even while they were pursuing professional careers In fact, many of the early mediation practitioners were also veterans of civil rights and anti-war activities who were drawn to ADR as an alternative path to justice, equality, and social change.

Larry Susskind

What's the Right Thing to do When You are Really Angry About What's Happening in America?

(12/19/14)Larry Susskind

Students are marching in the streets to protest the recent killings of Black Americans. They want those in positions of power to acknowledge that these deaths are, at least in part, the result of unchecked racism that is still very much alive in our country. Whatever progress has been made over the past fifty years to address inequality, unfairness, racial bias, ignorance, lack of empathy and unequal opportunities, there is still a long way to go before everyday life in America aligns with the ideals we espouse as a nation.

Beth Graham

Non-Judicial Means of Collective Redress in Europe

(12/19/14)Beth Graham

S.I. Strong, Associate Professor at the University of Missouri School of Law, has published a book chapter entitled Non-Judicial Means of Collective Redress in Europe in Collective Redress in Europe (Oxford University Press, anticipated 2015); University of Missouri School of Law Legal Studies Research Paper No. 2014-29. In her book chapter, Professor Strong analyzes large-scale arbitration and other non-judicial avenues for collective redress in Europe.

Richard Barbieri

Fear Comes to School: Mediating Among Parents Around Ebola

(11/21/14)Richard Barbieri

As medical personnel, emergency aid workers, and diplomatic personnel return to the U.S. from West Africa, schools must manage tensions between local families who are fearful for their own children, and parents who have been at the front lines attempting to stem the epidemic. What mediator strategies may prove useful?

Richard Salem

Pioneer Series: CRS in Battle of Wounded Knee - Video

(7/07/14)Richard Salem

Richard Salem describes agency cutbacks as Community Relations Service was preventing violence in the Battle of Wounded Knee.

Robert Alm

Politics, Science and Collaboration

(5/20/14)Robert Alm

This article: “Politics, Science and Collaboration” by Robert Alm, Esq., President of the Collaborative Leader’s Network in Honolulu, Hawaii, is from Mr. Alm's keynote presentation at the first ever Joint Fact Finding Conference coordinated by Peter Adler on March 6, 2014.

The Limelight Hypothesis, Part 2

(5/05/14)Peter Adler, David Matz, Doug Thompson

Being an essay of opinions and observations on sundry issues related to the practice of negotiation; politics and electioneering; dickering over debt in the nation’s capital; Otto von Bismarck’s admonition about watching laws and sausages being made; a budding theory on the effect of constant attention-mongering from MSNBC, FOX News, and other bloggers, pundits, and blabbermouths; the creation of statutes, ordinances, rules, policies, regulations, and standards; and the making of hot dogs, chorizos, kielbasas, and bratwursts.

Susan Yates

“Hot-Tubbing” and ADR?

(4/18/14)Susan Yates

Did you know there is an ADR process called “hot-tubbing?” This was news to me when I heard it mentioned last week at the Court ADR Symposium (which occurs every year on the day before the ABA Dispute Resolution Section Conference). As I understand it, the process is used sometimes in arbitration when there are conflicting expert opinions. Basically, the idea is that rather than simply hear expert testimony from each side sequentially, the arbitrator questions the experts concurrently.

Jeff Thompson

“Crisis” or “Hostage” Negotiation? The Distinction Between Two Important Terms

(4/04/14)Jeff Thompson

The terms crisis and hostage are commonly used to refer to intense negotiations. The distinction between the two terms is important to understand. This is a pictographic explaining the difference.

Jennifer Shack

Yes, It Can Be Done: Ten Mediation Program Models, One Online System

(3/30/14)Jennifer Shack

When Resolution Systems Institute received a grant from the Illinois Attorney General to develop foreclosure mediation programs across the state, it was our opportunity to practice what we preach. From RSI’s inception, we’ve been telling courts that they need to monitor and evaluate their mediation programs to ensure that they’re providing quality services to those who come to them to resolve disputes. We’ve also been urging them to incorporate the development of a monitoring and evaluation system into their program design process.

Caseload Manager zzzzz

Caseload Manager Selected for Illinois Statewide Foreclosure Mediation Program Case Management

(3/15/14)Caseload Manager

RSI has selected “Caseload Manager” to provide online cloud-based case management services for approximately 10,000 annual Illinois foreclosure mediation cases. Caseload Manager is the world's leading secure, cloud-based ADR case management service that, according to CEO James C. Melamed, J.D., “allows the right people to see the right information.”

Click here for MORE ARTICLES