Government Mediation Articles
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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?
Dealing with disputes effectively is indisputably a core skill for any manager.
Days after June's UK Brexit Referendum, US Secretary of State John Kerry advised: 'It is absolutely essential that we stay focused on how, in this transitional period, nobody loses their head, nobody goes off half-cocked, people don't start ginning up scatterbrained or revengeful premises.'
This article discusses the May 6 incident where a Weirton WV police officer attempted to negotiate with an assailant and then other officers arrived and shot the person. This article discusses the importance of using negotiation in seeking to deescalate violence and the need for police to have this training.
It seems that there are a lot of stories about questionable apologies in the news lately. I don’t intend to discuss all of them, but here are a few more thoughts about some of them.
The fight or flight response of our forebears remains strong when we are under pressure.
One can look at our history as a 240-plus-year multi-party multi-issue negotiation in which our shared understandings have been revised and refined.
This blog is a further reflection on the implications of Brexit, viewed from a Scottish perspective.
(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
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.
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.
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.
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.
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Welcome to the Second Edition of the Electronic Guide to Federal Procurement Alternative Dispute Resolution (ADR).