Whats' New
Can Government Solve Big Problems Collaboratively? (7/12/10)
John Folk-Williams
The Open Government Initiative of the Obama Administration has given high priority to increasing the use of collaboration in the federal government. Yet many federal offices have not in the past encouraged the sort of collaborative mindset that is necessary for meaningful efforts in this direction.
Feinberg Selected as Independent Claims Administrator for BP Compensation Fund (7/12/10)
Keith Seat
As widely reported, Kenneth Feinberg has been appointed the independent claims administrator for the $20 billion BP compensation fund for the extensive damages caused by its ongoing oil spill. BP has established more than 400 claim centers across the Gulf Coast and is also accepting claims through its website and by telephone. Feinberg will be paid by BP, although the amount is still being negotiated.
Business week.com (May 26, 2010); Daily Finance.com(June 20, 2010); USA Today (June 28, 2010)
Legislative Mediation Proposed for Congress (7/12/10)
Keith Seat
An editorial in the Washington Post entitled “Congress needs a mediation tool to dissolve gridlock” emphasizes the need to build consensus in Congress to avoid stalemates and the dysfunction that has resulted in approval ratings for Congress falling below 25 percent. The editorial emphasizes the importance of good process, and suggests establishing a politically neutral service to provide legislative mediation organized along the lines of the Congressional Budget Office. A legislative mediation service could enrich the policy debate by highlighting information in a nonpartisan manner. And when requested by legislators, mediation techniques could be used to help the parties understand their interests, generate possible solutions and help find common ground.
Washington Post (June 18, 2010)
No Risk? No Hope Then Either (7/05/10)
Ronald S. Kraybill
I witnessed with alarm a recent ruling of the US Supreme Court regarding the U.S. PATRIOT Act. This Act makes it illegal to give support of any kind to groups listed by the US government as terrorist groups, even if the support is designed to end violence.
U.S. Arbitration And Mediation Legislative Update (7/05/10)
Victoria VanBuren
The following bills relating to alternative dispute resolution were introduced by the 111st U.S. Congress. The session will last from January 3, 2009 until January 3, 2011. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action.
Washington Post: Congress Needs Mediation (6/21/10)
Jeff Thompson
In today's Washington Post, L. Michael Hager writes about the ever present disfunction of Congress and it it could help if it had a service where a third party neutral helps each party identify the issues and then explore possible solutions which meet, at least partially, each of their needs. He or she helps them make their own decision to determine what is best for them- given the situation.
DOJ Mediation Eases Racial Tension in Florida Community (5/20/10)
Keith Seat
A routine traffic stop led to violence between police officers and a crowd in Lake Wales, Florida in November. After the local NAACP chapter began talks with the city, the U.S. Department of Justice began meeting in December and reached a mediation agreement in March. DOJ used its new mediation program called City Site Problem Identifying and Resolving Issues Together (City SPIRIT). The Lake Wales agreement includes representation of African-American and other minorities in city government and budget decisions, as well as improving communications and cultural sensitivity through training programs.
News Chief.com (March 30, 2010)
Greensboro Launches Landlord-Tenant Mediation Program (5/20/10)
Keith Seat
The city of Greensboro, North Carolina is working with the Conflict Studies and Dispute Resolution Program of the University of North Carolina at Greensboro to launch a program to resolve disputes between landlords and tenants. The Landlord-Tenant Dispute Program has been developed with input from all stakeholders. The program is intended to reduce litigation, but depends on both sides voluntarily agreeing to participate.
Digtriad.com (March 30, 2010); Greensboro Press Release
Stop Press – First Outing For Revamped Prime Minister’s Question Time (5/16/10)
John Crawley
You may remember us reporting in May 2010 that Prime Minister’s Question time was being remodelled in line with the new atmosphere of consensus politics.
UK Election (5/03/10)
John Sturrock
An intriguing and unheralded intervention in the general election campaign in the UK came last week from the Centre for Effective Dispute Resolution in London. The Centre suggested that, with the prospect of a “hung” parliament, what we need is a Parliamentary Coalition Independent Mediator. Although a bit of a mouthful, the general proposition that there may be a role for an independent mediator or mediators to work with party leaders and civil servants in the event that no party gains an overall majority in seats is worth reflecting on.
Washington State Moving to Extend Agricultural Mediation Program (4/20/10)
Keith Seat
Legislation is moving forward in Washington state to extend to 2015 the agricultural mediation program which began in 1987. The bill authorizes $7.5 million per year, but less than $4.5 million has been appropriated for the current fiscal year. Washington is one of 32 states which participates in the Certified State Agricultural Mediation Program, administered by the Farm Service Agency of the U.S. Department of Agriculture, which helps farmers resolve disputes with lenders and others in order to avoid litigation, appeals, bankruptcy and foreclosure, and may occasionally deal with rural housing, development and even civil rights.
AgWeek.com (March 8, 2010); USDA Agricultural Mediation Program
California County Mediation Agency Struggles to Maintain Funding (4/20/10)
Keith Seat
Marin County, California may lose its only agency providing general civil mediation services due to budget cutbacks. The agency currently handles 3,000 calls and 800 mediations a year with a small staff and volunteer mediators, receiving about half its expenses from the county and the other half from fees. The agency would like to raise fees and cut staff in order to keep its doors open, noting that it saves significant court resources as well as making the county a more peaceful and mentally healthy place to live. The County Administrator is skeptical whether agency action could replace the $180,000 the county provides, but is willing to listen to cost cutting options.
Marin IJ.com (March 20, 2010)
Health Insurance Reform: Giving The Devil His Due the Importance of Back Room Deals, Dirty Politics and Subversive Negotiation (3/29/10)
r.d. benjamin
It’s the morning after and I have a ‘hangover’ from watching the twist and turns leading up to the US Congress’s passage of health care reform. As a negotiator and mediator this theatre of real life easily competes with the staged versions and is my recreational drug of choice. The meandering of this health care legislation climaxing with the vote last night, has been a spectacle that abounds in valuable lessons and teachable moments for those of us engaged in conflict management work.
Update on Home Foreclosure Mediation (3/28/10)
Keith Seat
Here is an update on home foreclosure mediation across the U.S. by Mediate.com News Editor, Keith Seat.
Bernie Mayer: Participatory Democracy is Motivation to Mediate - Video (3/18/10)
Bernard Mayer
Bernie Mayer describes his motivation as a mediator which involves promoting participatory democracy, empowering people to control the outcomes of the crises in their own lives.
Randy Lowry: Growing Popularity of Mediation in Court System - Video (3/18/10)
L. Randolph Lowry
Randy Lowry describes the growth and integration of mediation and negotiation into the court system to where judges want to be trained
Mediation Agreement Aims to Calm Racial Tensions in City (3/16/10)
Keith Seat
Two years after a gunman killed the mayor, other city officials and police officers during a council meeting in suburban St. Louis, the U.S. Justice Department mediated an agreement that is intended to improve relations between the black and white communities and begin to heal racial divisions. The agreement, which contains tangible programs and steps by the city, is seen as hopeful progress by many, while others are concerned by the city’s failure to fully admit that a racial problem exists. A follow up meeting has been scheduled to try to further reduce tensions.
STL Today.com (January 22, 2010); Fox 2 Now.com (February 9, 2010)
Juvenile Offender Mediation Program Expanding as Success Shown (3/16/10)
Keith Seat
A mediation program which brings juvenile offenders face to face with their victims has been highly successful in Bridgeport, Connecticut and has expanded to the courts in Stamford, Danbury, Waterbury and Norwalk. The program reduces recidivism by more than half by having juveniles dialogue with and try to explain themselves to the people affected by their crimes, generally resulting in offenders accepting responsibility. Agreement is reached in about 95% of the mediations, with victims empowered by being able to speak to the young people, as well as having significant input into reparations and remedies, which may include apologies and community service.
Newstimes.com (January 24, 2010)
Elegant Solutions: Lessons from the Farmer-Lender Mediations of the 1980s (3/12/10)
Stephen Erickson
In the case of mortgage foreclosure, laws that allow the lender to collect the debt by foreclosing on the security pledged are a workable and predictable system of conflict resolution. However, when unforeseen and cataclysmic events occur that cannot be controlled or predicted by either side to the original contract, application of the usual legal remedies may prove unworkable. In the case of the lender/homeowner relationship, that may extend over a 30-year period, there may be occasions where it is necessary to change the terms of that contractual relationship. This was true in the case of farmers and bankers in 1985, and it is true of homeowners and their lenders today.
Video: Eye of the Storm Leadership (3/08/10)
Peter Adler
This is a video introduction to "Eye of the Storm Leadership" by Peter Adler, Ph.D. - 150 Ideas, Stories, Quotes, and Excercises On The Art and Politics of Managing Human Conflicts. See the book and complete video at www.eyeofthestormleadership.com
Federal Office Mediates Disputes Between FOIA Requesters and Federal Agencies (2/23/10)
Keith Seat
Freedom of Information Act disputes are now being mediated by the Office of Government Information Services (OGIS), which was created within the National Archives and Records Administration and officially began work in September 2009. In its first months, OGIS has begun work on about 40 disputes. OGIS, which will have a staff of six, is working with a contractor to add online dispute resolution and is seeking to provide more transparency into matters it is mediating. In addition to directly resolving disputes, OGIS is tasked with providing suggestions for FOIA improvements. OGIS also plans to provide mediation training to FOIA officers in federal agencies to reduce the number of disputes that arise from the roughly 600,000 FOIA requests made each year.
Federal Computer Week (January 14, 2010); OGIS Website
Texas Gives Patients Right to Mediate “Balance Billing” Claims (1/19/10)
Keith Seat
Texas has enacted legislation allowing patients in preferred-provider or state benefit plans to mediate whenever they would have to pay over $1,000 for services of out-of-network doctors received at in-network hospitals. The Texas Department of Insurance is drafting rules to implement the statute, which takes effect in September 2010. An informal telephone call between the parties must occur within 30 days of the patient’s request for mediation, and the full mediation session must be conducted within 180 days. Mediators will be appointed by the Texas Office of Administrative Hearings.
Star-Telegram.com (November 25, 2009)
Update on Home Foreclosure Mediation (1/13/10)
Keith Seat
Here is an additional update on Foreclosure Mediation across the United States by Mediation News Editor Keith Seat.
Texas Mediation Program for Hurricane Ike Claims Has Few Takers in First Months (12/29/09)
Keith Seat
After lengthy consideration, the Texas Department of Insurance launched a mediation program on September 1 for Hurricane Ike claims, but has received only a handful of requests for mediation. The Department allows insurers not to participate in the program, so only three companies covering one-fourth of the state’s property insurance have chosen to do so. Further, the program relies on insurers to do outreach to claimants, resulting in a modest number of letters being sent to policyholders and raising concerns that the companies may cherry-pick who they contact. As in past programs, the insurers cover the cost of mediation.
Chron.com (November 5, 2009)
Minnesota Farmer-Lender Mediation Program Seeing Much Greater Use (12/29/09)
Keith Seat
The annual report on the Farmer-Lender Mediation Program in Minnesota shows a significant increase in the use of mediation over the last year. Farmers made about 1,200 requests for mediation in the program in 2009 (for the fiscal year ending September 30), an increase of 86 percent over 2008. The total amount of debt involved was $322 million, more than double 2008. Over a third of the debts have been restructured or resolved, while about 45 percent are still pending in mediation. Creditors with secured debts over $5,000 against agricultural property in Minnesota are required to offer mediation prior to judgment collection, repossession or foreclosure. Farmers choosing mediation have 90 days to work with lenders to renegotiate their debts.
UMNews (November 4, 2009); 2009 Annual Report
