Indiana Conflict Resolution Institute
Publications & Presentations 2000-2001












Evaluating Mediation of Employment Disputes at the United States Postal Service  

News articles:

New York Times, Nov. 3, 2000, front page article on employment arbitration and the Circuit City case pending before the U.S. Supreme Court. The article cites Professor Bingham and her research on repeat users in employment arbitration.

New York Times, Sept. 6, 2000, first page of business section, article on USPS mediation program entitled, "Postal Service Becomes a Model of Conciliation."   This article reviewed the history and success of the USPS REDRESSTM mediation program.  In that article, the evaluation efforts, directed by the Indiana Conflict Resolution Institute were highlighted.   Former USPS attorneys Cynthia J. Hallberlin and Mary S. Elcano, noted that the results of REDRESSTM are particularly impressive given the fact that the USPS has “one thing no one else can offer, a huge data base of statistics and exit surveys” which provide the data essential to an effective and legitimate evaluation of the program.  The comprehensive, quantifiable data, designed, collected, and analyzed by the Indiana Conflict Resolution Institute at Indiana University, has received national attention.  In addition, it is one of the largest alternative dispute resolution evaluation efforts in the world.  In recognition of ICRI’s effort, Mary P. Rowe, an adjunct professor at the Sloan School of Management at M.I.T., said, REDRESSTM “was large, elaborate and better evaluated than virtually any other component or system like it.” 

Articles and Presentations:

Bingham L.B. and Napoli, L.M., (2001). “Employment Dispute Resolution and Workplace Culture: The REDRESSTM Program at the United States Postal Service,” in Breger, M. and Schatz, J. (eds), The Federal Alternative Dispute Resolution Deskbook, pp. 507-526. Washington, DC: The American Bar Association.

International Association of Conflict Management 2000 Conference in St. Louis, Missouri, June 20, 2000.  Lisa-Marie Napoli presented “United States Postal Service Supervisors and Perceptions of Conflict Management Techniques.”

International Association of Conflict Management 2000 Conference in St. Louis, Missouri, June 20, 2000.  Tina Nabatchi and Lisa Bingham presented “Transformative Mediation in the USPS REDRESSTM Program: Observations of ADR Specialists.”

International Association of Conflict Management 2000 Conference in St. Louis, Missouri, June 20, 2000.  Yuseok Moon and Lisa Bingham presented “Transformative Mediation at Work:  Employee and Supervisor Perceptions.”

International Association of Conflict Management 2000 Conference in St. Louis, Missouri, June 20, 2000.  Susan Raines, Kiwhan Kim and Lisa Bingham presented "The Impact of Representatives on Mediation Duration and Settlement in the REDRESSTM Program at the United States Postal Service."

International Association of Conflict Management 2000 Conference in St. Louis, Missouri, June 20, 2000.  Lisa Bingham and Cristina Novac presented  “Mediation’s Impact on Formal Discrimination Complaint Filing: Before and After The REDRESSTM Program at the United States Postal Service.”

Society for Professionals in Dispute Resolution 2000 Conference, Albuquerque, NM, Sept. 14-16.  Lisa Bingham and Lisa-Marie Napoli served as panelists for “Mediation at the United States Postal Service:  A Report from the National REDRESSTM Project”.  The panel sparked lively comments and contributions from the attendees.

Invited: Bingham, Lisa B. 2000. Employment Dispute Resolution and the Use of Inside Neutrals. Presented at the Hewlett grantee Policy Consensus Initiative Conference of University-based State Offices of Dispute Resolution, Albuquerque, NM, Sept. 13, 2000.

Invited: Bingham, Lisa B. 2000. Beyond Transformation and Outcomes. Panel presentation at the Society for Professionals in Dispute Resolution 2000 Conference, Albuquerque, NM, Sept. 14, 2000. Presentation part of Hewlett-supported Theory to Practice Project.

Invited:  Lisa-Marie Napoli presented her dissertation research design and initial results to the Collaborative for Conflict Management in Mental Health (CCMMH) in Tampa, December 2000.  CCMMH, an innovative working group comprised of mental health leaders from around the country, used her research on conflict management training and mediation in the USPS as a model for evaluating alternative dispute resolution training programs in the mental health system.

Kim, K., Raines, S. and Bingham, L.B. presented a poster “Employment Mediation:  Exploring the Role of Representation at the USPS” at the Industrial Relations Research Association Conference, January 2-4, 2001.

Invited:  Bingham, Lisa B. 2001.  Presented United States Postal Service Employment Mediation Program and Evaluation in Yeshiva University’s Cardozo School of Law, New York, January 29, 2001. 

Invited:  Bingham, Lisa B. 2001.  Presented a talk entitled "Self-determination, Microjustice, and Macrojustice: Dispute System Design in the Dark," at the Yale Law School/Quinnipiac Law School ADR Colloquium Series, January 30, 2001.

American Bar Association Dispute Resolution Section 2001 Meeting, Washington, D.C., April 25-27.  Lisa B. Bingham was a panelist for “Mediation at Work:  The Report of the National REDRESSTM Evaluation Project of the United States Postal Service.”

Upcoming Articles and Presentations:

Bingham, L. B. and Zuchek, P., (Forthcoming, 2001). “Postal REDRESSä: A Symposium by the Benjamin Cardozo School of Law at Yeshiva University.” Cardozo Online Journal of Dispute Resolution.

Bingham, L. B. and Novac, M. C., (Forthcoming, 2001) “Mediation’s Impact on Formal Discrimination Complaint Filing: Before and After The REDRESSä program at the United States Postal Service.” Accepted to The Review of Public Personnel Administration.

Bingham, L.B., Chesmore, G., Moon, Y., and Napoli, L.M. (Forthcoming 2001). Mediating Employment Disputes at the United States Postal Service: A Comparison of In-house and Outside Neutral Mediators. The above cited ROPPA paper is to be reprinted with permission by Kluwer Legal Press in S. Estreicher, ed., Alternative Dispute Resolution in the Employment Arena: Proceedings of the 53rd Annual New York University Conference on Labor.

Nabatchi, T. and Bingham L.B., (Forthcoming 2001). "Transformative Mediation in the USPS REDRESSTM Program: Observations of ADR Specialists." Hofstra and Employment Law Journal 18(2).

Works in Progress:

Bingham, L. B., Schilling, S., and Shontz, D. “Workplace Climate Before and after REDRESSTM: Interviews in Three Cities.”

Moon, Y. and Bingham, L. B. “Transformative Mediation at Work: Employee and Supervisor Perceptions.”

Nabatchi, T. and Bingham, L. B. “Expanding Our Models of Justice in Dispute Resolution: Toward a Theory of Transformative Justice.”

Napoli, L.M. and Bingham, L. B. “Conflict Management Techniques in the Workplace: the United States Postal Service.”

Raines, S. S., Kim, K., and Bingham, L. B. “Employment Mediation: Exploring the Role of Representation in the USPS REDRESSTM Program.” 


Evaluating Occupational Safety and Health Review Commission Program

Presentations:

Invited: Jackman, Scott. Evaluating ADR Programs in Occupational Safety and Health Agencies. Presented at the Occupational Safety and Health Review  Commission Conference, Oct. 31, 2000, Washington, DC.

Invited: Bingham, Lisa B. and Jackman, Scott. 2000. Dispute Resolution in State Courts: A Vision for Future Data Collection. Paper presented by Scott Jackman on November 3, 2000 at the Georgia State Office of Dispute Resolution/University of Georgia Conference on Evaluating Court-connected ADR, Atlanta, GA.

Invited: Jackman, Scott. Evaluating University-based dispute resolution programs. Working group sponsored by William Warters, Wayne State University, Detroit, Michigan, April, 2001.  


Evaluating the State of the States in Environmental Dispute Resolution

Presentations:

December, 2000:  Rosemary O’Leary and Tracy Yandle presented “Environmental Management at the Millennium:  The Use of Environmental Dispute Resolution by State Governments,” 5th National Public Management Research Conference, Texas A&M University.

September, 2001: Tracy Yandle presented a paper on State of States research at the national conference of the American Political Science Association, Washington, D.C.

Spring, 2001:  Tracy Yandle and Rosemary O’Leary presented “Adopting Innovative Environmental Management Techniques:  States Adoption of Environmental Dispute Resolution” at the Western Political Science Association National Conference

Articles:

Rosemary O’Leary and Tracy Yandle, “Environmental Management at the Millenium:  The Use of Environmental Dispute Resolution by State Governments,” Journal of Public Administration Research and Theory, vol. 10, no. 1, pp. 137-156 (2000).


Evaluating the Use of Dispute Resolution Techniques in the Environmental Protection Agency’s Enforcement Activities

Presentations:

May, 2000:  Susan Raines presented “Lessons Learned from Two Decades of ADR at the EPA” a paper on EPA ADR research at Udall Center conference, Tucson, Arizona.

May 2000:  Carolyn Bordeaux presented “Alternative Dispute Resolution of Enforcement Actions at the U.S. Environmental Protection Agency:  Is Practice Consistent with the Theory?” a paper on EPA ADR research at Udall Center conference, Tucson, Arizona.

September 16, 2000:  Rosemary O’Leary and Susan Raines served on a Panel, “Do We Know a Stakeholder When We See One?” to discuss ADR evaluation of an EPA program at the SPIDR/CREnet Conference in Albuquerque, New Mexico.

March, 2001:  Rosemary O’Leary presented “Lessons Learned from Two Decades of ADR at the EPA” at the Washington D.C. Conference on Evaluating Environmental and Public Policy Dispute Resolution Programs and Policies.

Articles:

Raines, S. and O’Leary, R. (2000)  “Switching Hats:  Issues and Obstacles Facing Administrative Law Judges Who Mediate EPA Enforcement Disputes” in Government Policy and Law Journal 2(1): 58-61.

Raines, S. and O'Leary, R., (forthcoming) "Evaluating the Use of Alternative Dispute Resolution Techniques and Processes in U.S. Environmental Protection Agency Enforcement Cases:  Views of Agency Attorneys" in Pace Environmental Law Review.

O’Leary, R. and Raines, S., (forthcoming) “Lessons Learned from Two Decades of Mediation at the EPA.” in Public Administration Review.

O’Leary, R. and Raines, S., (forthcoming) “Alternative Dispute Resolution at the U.S. Environmental Protection Agency:  A Letter to Christine Todd Whitman” in The Environmental Lawyer.

Bordeaux, C., O’Leary, R. and Thornburg, R., (forthcoming) “Alternative Dispute Resolution of Enforcement Actions at the U.S. Environmental Protection Agency:  Is Practice Consistent with the Theory?” in Harvard Negotiation Journal.  


A Longitudinal Evaluation of Environmental Attorneys' Attitudes Toward the Use of Mediation in the Resolution of Environmental Disputes

Articles

Rosemary O’Leary and Maja Husar, (forthcoming) “Public Managers, Attorneys, and Alternative Dispute Resolution:  Results and Implications for a National Survey,” International Journal of Public Administration.

Rosemary O’Leary and Maja Husar, (forthcoming) “What Environmental and Natural Resource Attorneys Really Think about Alternative Dispute Resolution:  A National Survey,” forthcoming in Natural Resources and Environment.  


Evaluating Employment Arbitration Under the Rules of the American Arbitration Association

Presentations and Articles:

Bingham, L. B. and Mesch, D. (2000). “Decision-making in Employment and Labor Arbitration.”  Industrial Relations, Vol.39, no.4, pp.671-694.

Invited: Bingham, Lisa B. and Sarraf, Shimon. 2000. Employment Arbitration Before and After the Due Process Protocol for Mediation and Arbitration of Statutory Disputes Arising Out of Employment: Preliminary Evidence that Self-Regulation Makes a Difference. Presented at the 53rd Annual New York University Conference on Labor Law, New York City, NY, on May 18, 2000.

Upcoming:

Bingham, Lisa B. and Sarraf, Shimon. (Forthcoming 2001). Employment Arbitration Before and After the Due Process Protocol for Mediation and Arbitration of Statutory Disputes Arising Out of Employment: Preliminary Evidence that Self-Regulation Makes a Difference. To be published by Kluwer Legal Press in S. Estreicher, ed., Alternative Dispute Resolution in the Employment Arena: Proceedings of the 53rd Annual New York University Conference on Labor.

Bingham, L.B. and Prell, D.C. (Forthcoming 2001).  "Arbitration of Environmental Disputes that Cross National Boundaries." In The Encyclopedia of Life Support Systems. Oxford, UK: EOLSS Publishers Co. Ltd.  This is a chapter on international environmental arbitration for the UNESCO-sponsored international Encyclopedia, designed to be a comprehensive reference on the global environment.  


Indiana Interagency SHARED NEUTRALS Program for Mediation

News Articles 

Indiana Lawyer, July 5, 2000, headline “Pilot Expands Access to Mediation in State Agencies”.  The article discussed the Shared Neutrals program that successfully implemented mediation services to state agencies.

Indiana Lawyer, April 25, 2001, headline “Mediators Meeting Sparks Debate:  Legal Practitioners Discuss Current Practice of ADR”.  The article discussed a roundtable discussion where Lisa Bingham was one of ten participants.  The group gathered to discuss alternative dispute resolution issues and talk about the impact mediation is having on the legal profession in the state.


Indiana Conflict Resolution Institute
Last updated: July 30, 2004
Comments: ICRI Administrator
Copyright 1999 - Indiana University, Bloomington