Review of the New Dispute Resolution Report from BIS (2/20/12)
John Crawley
In an effort to reduce the burden on the Employment Tribunal (ET) System the Government consulted widely in 2011 to come up with some proposals for pre-empting claims and resolving grievances before they escalate. In November last year BIS responded to the consultation with their proposals.

Court Funding (2/20/12)
Joe Markowitz
I heard LA Superior Court Presiding Judge Lee Edmon speak at a County Bar Association lunch recently about the current dire state of court funding. Due to the state budget crunch, the state legislature began drastically slashing the courts' budget several years ago, but the courts have managed to avoid the worst effects of these cuts by diverting capital funds and reserve funds to current operations.

Turning to International Cooperation: How Can Institutions Prevent Water Conflict? (2/13/12)
Kyong Mazzaro
The new legal framework of the Durban Climate Change Conference is expected to take effect in 2020, but as climate change negotiations drift farther away from establishing much-needed preventive measures, it looks like mitigation strategies will be key. As a consequence, with the continued increase of CO2 emissions, conflict resulting from climate change-induced water scarcity is more likely to occur.

U.K. Trying Regional Workplace Mediation Networks (2/07/12)
Keith Seat

The U.K. Government announced that it is establishing two regional mediation networks for small and medium size enterprises (SMEs) in a pilot program to reduce workplace disputes and the number of employment tribunal cases. The mediation networks will be in Cambridge and Manchester, with mediation training of employees at 24 SMEs, as smaller companies are often not aware of the benefits of mediation and rarely use it. Trained mediators will then be able to assist other organizations in their regional network. The government is seeking a provider for the first round of mediation training. The pilot program is part of the government’s reform of the employment tribunal system; in the last two years tribunal claims have risen to 218,000, an increase of 44 percent. The program will run 12 months and expand to other areas if successful.

People Management Magazine Online (January 23, 2012); eGov Monitor (January 24, 2012)

Japanese Mediation Center Beginning to Resolve Fukushima Nuclear Accident Claims (2/07/12)
Keith Seat

The mediation center established by the Japanese government is now beginning to resolve claims resulting from the Fukushima nuclear power plant catastrophe, with three resolutions from the 600 claims that have been submitted thus far. Many more claims are likely from the 150,000 people displaced by the nuclear accident, but to begin the process each claimant must complete a 56-page form using a 150-page instruction manual and provide receipts and other documentation. The Japanese government has set up a $26 billion fund to pay damages on behalf of Tokyo Electric Power Co. (Tepco), with another $11.7 billion approved in November and more likely to follow. Few lawsuits have been filed, although one lawyer is threatening to file a shareholder derivative action against Tepco’s corporate directors seeking $72 billion for failing to raise the height of tsunami barriers.

Law.com (January 26, 2012)

When to Negotiate (2/06/12)
Joe Markowitz
Anyone who has still been following budget negotiations in Congress has no doubt noticed that they have reached another interesting stage. Recall that last summer Congress struck a deal in which Republicans agreed to go along with raising the debt ceiling, in exchange for appointing a super committee to come up with additional debt reduction measures.

A Mediator's Reflections on the Occupy Movement (1/30/12)
Grace Eagle Reed
The police in Portland, unlike other cities of its size, became national examples of progressive community policing during the Occupy Movement. By calmly responding to the conflict around them, they are open to ongoing community feedback, are continuing to look for ways to do a better job and are using better judgment when they have to restrain protestors. Their patience and openness is appreciated by all involved. It is also the perfect example of a counter-story peacefully challenging the accepted stock story, for the betterment of all involved.

High Conflict Mediation and Ethics (1/30/12)
Ann Begler
Working with high conflict people requires skill that goes well beyond facilitating a conversation. Some mediators do it well and some should never try. If a mediator sees it as his or her responsibility to make a fair assessment about competency in this regard, everyone is well served – clients, mediator and the system, itself.

Bi-Partisanship (1/30/12)
Joe Markowitz
Ryan Lizza's article, "The Obama Memos," in this week's New Yorker, contains some inside information explaining how candidate Obama's promises to usher in a new style of politics, ran into the realities of a Congress that is more partisan than ever before. Commentators like Paul Krugman have jumped on the bandwagon, chiding President Obama for being so naive in thinking he could "transcend partisanship."

The Link Between Weather and War (1/16/12)
Christine Tsai
Christine Tsai examines a new whether there is a link between weather and war. She looks at the data to see if there is a correlation between weather patterns and high conflict.

Deliberating vs. Deciding in a Public Disputes Context (1/02/12)
Larry Susskind
There still seems to be a big gap between the “deliberation crowd” and “the public dispute resolution crowd.” The deliberation folks (like the fine group called the National Coalition for Dialogue and Deliberation) is betting that people will learn to be more tolerant of contrary views, and maybe even change their own views on controversial topics, by taking part is well-structured dialogues.

Peter Adler Honored by The Keystone Center (12/14/11)
James Melamed
After serving as President of The Keystone Center for a decade, Peter Adler is soon leaving to return to Hawaii. An unauthorized, somewhat scandalous video honoring Peter for his service to Keystone and the world has leaked out and is "must see." This is a touching tribute to one of the world's true leaders, Peter Adler.

Mediation in Italy (Part 2) (12/12/11)
Alessandro Bruni
Alessandro Bruni discusses the status of mediation in Italy. This article, the second in a two-part series, examines specifically the consequences of a government-regulated approach to mediation.

Occupy and Mediation: Two Movements That Offer One Another Massive Opportunity (11/22/11)
James Melamed
Without seeking or wanting to take a political position on whether the Occupy Movement has positively moved critical national discussions forward, or whether it is just a bunch of young folks in need of showers and jobs, one thing is perhaps clear: mediation is emerging as the preferred Occupy dispute resolution process of choice.

Teaching Conflict Management Courses: Part 1 (11/21/11)
John Wade
Professor John Wade takes an honest look at themes and challenges of teaching dispute resolution courses in this 3-part series. He begins by examining the cycles of change and the worldwide themes.

Daring to Think Small (10/31/11)
Susanna Jani
What if…? I think, by daring to think “small”, you and I might just make a big difference.

Mediate.com: A Reality Check (10/17/11)
Steffi Berkowitz
You are about to read an atypical article/testimony honoring two October celebrations.   In truth, both are dedicated to raising awareness, promoting education and helping people understand options on a journey they did not seek. In truth, both provide a respite for determining outcomes by building knowledge and support irrespective of heart-rendering tales and underlying stories.

Google’s Resolution Process (10/17/11)
Colin Rule
When resolving an order issue, Google refers to the merchant’s policies and terms of service. Merchant’s policies can include items which may not be returned or cancelled, or must be returned before receiving the refund, restocking fees, return shipping fees, and cancellation fees. Please review the merchant’s policies prior to filing an issue.

Don't Shoot (10/17/11)
Joe Markowitz
First, recognize that the number of people responsible for the vast majority of violence in most cities is relatively small. So concentrate on those people. Next, let the street gangs know that violence will no longer be tolerated.

It Is Incumbent Upon ADR Professionals To Discover And Disclose Biases (10/10/11)
Elizabeth Moreno
It is incumbent upon an ADR professional to disclose any bias and to discover his or her hidden biases. This becomes even more important when courts are undergoing severe budget cuts, cases are taking longer to come to trial and parties are being forced to secure private ADR professionals to decide their cases.

Occupy Wall Street Protest: Collaborators in Peace- Not Against It (10/03/11)
Jeff Thompson
As someone who has been there multiple days, I can attest to the powerful and peaceful nature of basically all the people present at Zucotti Square- the proper name of the "Occupy Wall Street's" location.

Beyond Adjudication: Resolving International Resource Disputes in an Era of Climate Change (9/26/11)
Anna Spain
Climate change is one of the greatest emerging threats to global peace and security. Among other impacts, climate change will exacerbate the scarcity of water, food, and other natural resources essential to human survival. One concern is that as these resources become scarcer, the frequency and severity of international disputes will increase. Thus, developing effective means for resolving international resource disputes is of critical global importance.

Principle, Prosperity and Politics Drive Federal Budget Negotiations (7/25/11)
Victoria Pynchon
As the federal budget deadline nears, I am seeking the advice and analysis of some of the country’s most prominent negotiation gurus to illuminate the motivations driving the on-again, off-again bargaining sessions between the Democrats and the GOP.

Is it Time to Move the Field of Public Dispute Resolution in a New Direction? (7/05/11)
Larry Susskind
Is it Time to Move the Field of Public Dispute Resolution in a New Direction?

More Water Diplomacy (6/27/11)
Larry Susskind
The Water Diplomacy Framework assumes the future is not knowable (or easily estimated). Therefore, a step-by- step approach, including a major investment in monitoring and re-evaluation is required.