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READ & SEARCH NEWS
04/20/2014

State To Expand Court-Sponsored ADR Programs

The Connecticut Judicial Branch has announced a host of initiatives to improve court-sponsored alternative dispute resolution in order to keep up with the demand to resolve civil cases short of trial.
New initiatives announced by Chief Justice Chase Rogers will include expanding the number of judges who are trained to serve as mediators, to begin later this year. There are currently 60 judge and judge trial referees available for the Judicial Branch's ADR program, but many are not available to serve for lengthy periods of time as mediatiors. Increasing the number of judges who are available to provide mediation services on more than a limited basis to help parties reach a settlement will fill vacancies created by several Superior Court judges who left the bench in recent years to start their own mediation practices in recent years, Rogers said.  Another new initiative is to have attorneys appointed to serve as mediators. Rogers said the attorneys could be hired by the branch on a case by case basis, similar to the current appointments of attorney trial referees. "For example, attorneys with particular expertise in construction law, commercial disputes or probate law could be an invaluable asset in resolving those kinds of cases, where a substantice expertise in a specialized area is essential to understanding the issues of the case," Rogers said.


Mediation service looks to settle community disputes in Limerick

A new mediation service will allow for the resolution of disputes at community level without resorting to the costly and stressful legal route. Run by the Limerick Community Law and Mediation Centre, the new service has been launched by Minister Jan O’Sullivan at Moyross Community Enterprise Centre. Speaking at the event, Moyross PP Fr Tony O’Riordan said: “this is a much needed service for Limerick and in particular those communities identified for regeneration. I believe that a community mediation process will enhance social inclusion by empowering the communities to resolve issues in a non-adversarial way and help to build community relations”.


Judge Orders Detroit Into Mediation Over Regional Water Authority

A federal judge Thursday ordered this bankrupt city into mediation with its suburbs to reach an agreement on a new regional water authority to oversee water and sewer services currently provided by the city. Months of direct talks between the city of Detroit and the surrounding Wayne, Oakland and Macomb counties has failed to produce an agreement on a new authority. But U.S. Bankruptcy Judge Steven Rhodes said a regional authority could still be in the best interest of the city and its suburbs. "I also have a sense that this bankruptcy offers a unique opportunity for the creation of that regional authority," Judge Rhodes said. "If we do not take advantage of that unique opportunity, the opportunity in all likelihood will be lost forever."


Judge orders Prime Prep and Fort Worth church into mediation

A state district judge ordered Prime Prep Academy and Charity Church — where the school held classes until the end of March — into mediation in hopes of settling a dispute over a lease agreement. During a hearing Wednesday state District Judge John Chupp ordered the church and school to begin mediation proceedings in two weeks. Chupp also extended a temporary restraining order for two weeks, and the school will continue not paying rent to the church for the time being. Charity Church and Prime Preparatory Academy are fighting over a lease that called for the school to pay $18,000 a month in rent. The lease was agreed to by former Superintendent D.L. Wallace, who left Prime Prep for a position at Charity Church earlier this year. Prime Prep was co-founded in 2011 by pro football Hall of Famer Deion Sanders and Wallace, his business partner at the time.


Short Film MEDIATION to Screen at Beverly Hills Film Festival

Award-winning filmmaker Francisco's short film "Mediation" is set to screen at the upcoming 14th Annual Beverly Hills Film Festival as well as the 9th Annual Sunscreen Film Festival. "Mediation" is the first project released by the brand new Film/TV production company entitled Top Rebel Productions - the brainchild of actor Freddy Rodriguez, Francico Lorite and veteran producer Bill Winett. The short tells the story of a divorce mediation that spirals completely out of control for a husband (Freddy Rodriguez), his soon-to-be ex-wife (Marley Shelton) and their court-appointed mediator (Marilyn Sanabria).


Papal mediator put to test as Venezuela peace talks resume

When Pietro Parolin was appointed last year by Pope Francis as the Vatican’s secretary of state, the Cardinal said he had been entrusted with a “difficult and challenging mission”. The Italian mediator’s diplomatic skills will be tested fully as he seeks to act as a “good faith witness” in talks that resume on Tuesday between Venezuela’s government and members of its opposition aimed at ending the violent unrest that has left at least 41 people dead in the country over the past two months.


UK National mediation initiative gets under way

Firms in four cities have kicked off a national mediation initiative designed to help separating couples and demonstrate to lawyers the commercial viability of providing the service. Lawyer Supported Mediation has been set up by trained mediator Marc Lopatin (pictured) with ‘mediation hubs’ in Leeds, Newcastle, Manchester and London. Two more cities will join later in the year. The initiative is launched ahead of a change to the law making it compulsory for separating couples to attend a mediation information and assessment meeting (MIAM) before issuing family proceedings. The change is introduced on 22 April, under section 10 of the Children and Families Act.

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Bob Rhudy
Engaging Conflict for Fun and Profit: Current and Emerging Career Trends in Conflict Resolution (4/19/14)
Bob Rhudy
Bob Rhudy and MACRO have given the conflict resolution field a priceless gift. Mr. Rhudy has written an exhaustive, well-researched, study on the options for getting a job as a mediator. Are there jobs existing or pending to be filled proportionate to the number of career aspirants? What are the career trends in this field? How can you get such a job and make your way into conflict resolution work?

Ricardo Padilla
Fairness v. Neutrality (4/18/14)
Ricardo Padilla
Is it really possible to be completely neutral in a mediator’s role? Are there any circumstantial conditions, objective or subjective, for justifying a mediator’s intervention as to modify the evident or foreseen outcome in a more satisfactory way for an unpowered or oppressed party? The purpose of this paper is to analyze and reflect on ethical and moral questions involved in the mediation process, and the way they can be addressed by mediation professionals. The scope will go from basic definitions of ethics and morality to critically asking questions for fostering mediators to face this dilemma and make a personal decision in favor of a “laissez-fair, laissez-passer” stance or an “activist” one. In this paper, I am clearly advocating for the second one.

Rachel Virk
Litigation, Negotiation, Collaboration, or Mediation--Should I Work It Out or Fight It Out? (4/17/14)
Rachel Virk
This article is an excerpt from Rachel Virk's book "The Four Ways of Divorce." This section examines the reasons why people choose different options for ending their marriage, and what are possible outcomes from those options.

Noam Ebner
Video-based mediation – it’s starting to happen. What do we need to know? (4/16/14)
Noam Ebner
I recently had the pleasure of writing a paper with my student-turned-teacher, Jeff Thompson (an alumnus of our Negotiation and Dispute Resolution program at Creighton and the Wizard Behind the Curtain at ADRHub). Jeff works on non-verbal communication in mediation, and is also in involved in ODR. Putting those together with my own interest in the role of trust in ODR, we mapped out some issues at the juxtaposition of trust, non-verbal communication and online, video-based, mediation. You can read this article, soon to appear in the International Journal of Online Dispute Resolution, here.   1 Comment

Mary Aderibigbe
5 Steps for Strengthening Your Marriage (4/14/14)
Mary Aderibigbe
You can make your marriage strong but you’ve got to acknowledge that disagreements are inevitable. Preventing conflict begins identifying what are common conflict points in your marriage. Preventing conflicts also means strengthening your marriage to withstand outside conflicts. This is a faith-based article discussing Biblical viewpoints for strengthening marriage.

Judy Rashid
The Use of Student Organizations as a Means of Conflict Resolution Education (4/14/14)
Judy Rashid
Student organizations offer many opportunities for students, including the chance to develop meaningful relationships, to pursue special interests, to clarify a sense of purpose and identity, and to develop interpersonal, leadership, organization, and social skills. Peaceful Approaches to Conflict through Education (P.A.C.E.), a training organization in conflict resolution education for student volunteers, was founded in 1997 by Dr. Judy Rashid at NC A&T State University. The organization seeks to promote, practice, and provide training and skill development in conflict /crisis management.

Franco Conforti
Distinction Between ODR and Mediation through Electronic Media (4/14/14)
Franco Conforti
This article discusses trends in online dispute resolution. Specifically, what are the differences between intentionally choosing to resolve disputes online versus grudgingly certain online practices into an existing mediation practice?


Serving the Public: The Case for Formally Professionalizing Court-Connected and Litigated-Case Mediation (4/14/14)
Jennifer Kalfsbeek, Jack Goetz
Recognized professions are occupations that: 1) serve the public, 2) possess common ethical codes, 3) self-regulate, 4) require specialized education, and 5) possess authority. Mediation does not meet this sociological definition, yet mediators oftentimes see themselves as “professionals.” Public accountability needs have steered court mediator panels in the United States to establish some requirements resembling those of formalized professions, and market forces are driving litigated-case mediation, as a sub-set of the entire mediation field, towards professionalization. These factors, and greater efficiency in the use of public resources, suggest that society would benefit from professionalizing litigated-case and court-connected mediation practice.

Gregorio Billikopf
Party-Directed Mediation: Book Download (4/04/14)
Gregorio Billikopf
The third edition of Party-Directed Mediation: Facilitating Dialogue between Individuals is now on-line as a free PDF download. This controversial book explains two mediation models in depth.

Halee Burg
Mediation Can Help Bridge the Family Divide Created by an Alzheimer's Diagnosis (4/04/14)
Halee Burg
Mediation can support families as they navigate the challenging issues and decisions associated with a diagnosis of Alzheimer’s. Through productive discussions led by an experienced neutral mediator, mediators help family members explore each topic, share perspectives, gather information, reach consensus, and find their way forward.

Jacques Joubert
Judicial Activism Essential to Make Mediation Mainstream in South Africa (4/04/14)
Jacques Joubert
Courts in the UK impose cost sanctions on parties who unreasonably refuse or fail to mediate. In the US, mediation is more firmly embedded in the litigation process, the courts applying varying degrees of coercion to encourage the parties to participate in mediation. In some US states, disputes that fall in a certain category have to be mediated before being litigated. In other states, judges have the discretion to order the parties to mediate. The goal of the UK and US approaches is the same: the optimal use of mediation by litigants and less reliance on adjudication.

Aldo Civico
Mindful Listening to Enhance Leadership Performance (4/04/14)
Aldo Civico
I am often asked this question: how come that guerrilla fighters, paramilitary leaders and gang members sit down with you and confess to you? More often than not, I respond with a smile and a gentle shrug of the shoulders, but over the past few weeks, as I was designing a new training in effective communication, I pondered that question and wondered about the listening skills I honed in 20-plus years of conflict resolution work in hot spots across the world   1 Comment

James Melamed
Why Mediate.com? (4/02/14)
James Melamed
After 18 years as CEO of Mediate.com, I know the answer to "Why Mediate.com?" Our purpose from the beginning has been to both reflect and drive the development of valuable mediation services on a global scale.

Keith Seat
Legal Mediation News - April 2014 (4/01/14)
Keith Seat
This is another in a series of updates on Legal Mediation News from Mediate.com News Editor, Keith Seat. Keith is also Editor of Mediation News for the 21st Century, our personalized newsletter service for civil & commercial mediators.

Richard Salem
Mediation Pioneer Richard A. Salem 1930-2014 (3/31/14)
Richard Salem
Dick Salem passed away on March 22, 2014 due to complications from a stroke. He was a mediation pioneer whose career took him from the city desk at the Washington Post to mediating high profile civil rights cases as the Midwest Regional Director of the U.S. Department of Justice Community Relations Service. He was also my father, and I know that it was a distinct privilege for him to serve our field for more than 40 years.   2 Comments

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.

Keith Seat
International Mediation Developments (3/30/14)
Keith Seat
This is another in a series of articles by Keith Seat, Mediate.com News Editor, regarding international mediation developments. Also be sure to see www.mediate.com/International.

Larry Gaughan
Marriage 101 for Family Mediators (3/29/14)
Larry Gaughan
Those of us who have been in the trenches of family law practice for decades have lots of experience with bad marriages. We each probably know more gruesome details about marriage breakups than we care to remember. But most of us also know the details to what makes a marriage great.   1 Comment

Uma Ramanathan
Respect (3/28/14)
Uma Ramanathan
A mediator often has to deal with High Conflict people and their defensiveness, and, in the attempt to defuse the situation, the mediation often gets emotionally drawn into the conflict resolution by taking the responsibility of the outcome to be his goal. This article reminds mediators of their true purpose.

Stuart M. Israel
Facts, Law, and Worldview (3/28/14)
Stuart M. Israel
We trust that judges strive for neutrality, objectivity, self-reflection, and humility. Still, sometimes being in court feels like being Nathan Detroit shooting craps with Big Jule, with dice from which Big Jule removed the spots. Big Jule remembers where the spots used to be.

Keith Seat
Update on Home Foreclosure Mediation (3/26/14)
Keith Seat
This is another in a series on the development of foreclosure mediation in the United States by Mediate.com News Editor, Keith Seat. Please also be sure to see www.mediate.com/Foreclosure.

Zeno  Daniel Sustac
Overview on the Mediation in Cross-Border Conflicts – Sources and Application Areas (3/21/14)
Zeno Daniel Sustac
This article is the introduction to a thesis by Zeno Sustac about the Best Practice Guide on the Use of Mediation in Cross-Border Disputes. This section specifically looks at what disputes are appropriate for cross-border mediation.

Shannon Rios Paulsen
How Dating Can Cause Stress For Your Child (3/21/14)
Shannon Rios Paulsen
The truth about dating is that it can cause stress for your children. You impact their level of stress by your actions. It is my view that parents must do all things possible to mitigate the effects of the divorce on their children. One easy way to do this is to be conscious of your dating. Dating done wrong has the potential to cause stress for children for three crucial reasons, and they are important to understand.   2 Comments

Rachel Virk
I'm Heading for Divorce--What Should I Do? (3/21/14)
Rachel Virk
You want out. Your marriage is no longer happy. You just need to know the correct process for telling your spouse in a safe and respectful way, and know what are the appropriate steps to take.   2 Comments

Matthew Phillips
Community Mediation Continues To Thrive Through Dedicated Volunteers (3/21/14)
Matthew Phillips
On March 5, 2014, the National Association for Community Mediation (NAFCM) announced its first ever recipient of its newly established Outstanding Volunteer Award Program.

Katherine Triantafillou
Mediation: The Greeks Have a Word for It (3/21/14)
Katherine Triantafillou
Mediators are fond of pointing out the transformative effects of successful mediation in the world of peacebuilding and so it is with the formation of a new center providing services to working class communities in Greece. In fact, the group of facilitators bringing the center to life call themselves “Team Metaplasis,” meaning “transformation” in Greek.   1 Comment


In Memory of Dr. Warren Ashley (3/21/14)
Warren Ashley
We are deeply saddened to inform you of the passing of our colleague and friend Dr. Warren Ashley in March, 2014.

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.”

Ricardo Padilla
Understanding Faith-Based Mediation: A Multidimensional Model (3/14/14)
Ricardo Padilla
This paper reflects on the necessity and efficacy of a Faith-Based Mediation approach for Dispute Resolution, and intends to answer three leading questions: First, why is Faith-Based Mediation necessary for the religious communities and people? Second, what are the fundamental referents of a Faith-Based mediated process? And third, how can a Mediator be useful in Faith-Based Mediation?   6 Comments

Dr. Lynne C. Halem
Mediation: A Process for Empowerment of Both Parties (3/14/14)
Dr. Lynne C. Halem
Mediation has long been identified as a process which promotes the self-actualization and empowerment of the individual participants. But what does empowerment mean? Clearly, it would not be a “good” outcome for mediation to encourage individuals to learn to be aggressive or confrontational or to stubbornly stand their ground, so empowered are they by their newfound self-worth or importance. Nor is empowerment akin to granting individuals his or her own bully pulpit. Rather, in mediation, empowerment represents individual growth and new found personal confidence and strength, as well as the acquisition of new skills.   1 Comment

Giuseppe de Palo
Voluntary Mediation? Apparently, the False Prince Charming (3/14/14)
Giuseppe de Palo
The recent publication of a study conducted for the European Parliament on Mediation has contributed to the ongoing international debate about effective mediation policy. This article continues that debate, by presenting a response to the study, and comments on the response.   3 Comments

Jeffrey Krivis
What Movie Do You Want To Make? (3/08/14)
Jeffrey Krivis
The arc of a litigated case has many narratives, particularly when it comes to settlement opportunities. While some cases fall into standard, often repeated formulas, others cannot be scripted. Yet, there are moments in the cycle of a case where some litigators simply react to events as they unfold rather than actively creating the settlement drama. The drama of a case is like storytelling in a trial, where events unfold in front of an audience of people who are in a position to evaluate and put a price on the story. Knowing what scripts are available in advance will assist in being less reactive and more resilient in achieving a better process and successful resolution.


A Practical Guide to Comprehensive Conflict Management Systems (3/07/14)
Carole Houk, Deborah Katz
Many organizations have embraced alternative dispute resolution. Yet, they continue to search for more comprehensive approaches that help them not only to resolve conflicts that have escalated into disputes but also to manage risk, manage relationships and manage their bottom line. Is the answer to this search integrated conflict management systems (ICMS)?

Gary Harper
Lessons in Mediation: Use Your Words (3/07/14)
Gary Harper
How often have found yourself in conflict with someone who you felt was “acting like a spoiled brat” or “behaving like a child”? If you have, you’re in good company. You’re also closer to understanding these situations than you thought you were, for difficult behaviour in adults often reflects strategies learned as children.   1 Comment

Bernard Nguyen
Bilingual Mediation, Part 2 (3/07/14)
Bernard Nguyen
As a dispute resolution practitioner, one must constantly assess oneself in various elements, aspects and total competency before taking a task, assignment, or mission to manage the process of mediation where parties are not able to communicate in a culturally competent level. To be an effective bilingual mediator, one should possess the cultural sensibility and linguistic competency to quickly create a rapport that subsequently opens parties up for amicable dialogue.   1 Comment

Eileen Barker
The Case for Forgiveness in Legal Disputes, Part 2 (3/07/14)
Eileen Barker
The case for forgiveness in legal disputes. Without emotional healing and forgiveness, even when a case is settled in mediation, parties are often left with more hostility and mistrust than when they began. This article discusses the importance of encouraging forgiveness in clients.

Richard Salem
Interview with Richard Salem (3/02/14)
Richard Salem
This is the complete interview by Robert Benjamin with Richard Salem, a pioneer in the field of mediation and dispute resolution, filmed as part of Mediate.com's "The Mediators: Views from the Eye of the Storm" Series.

Michael Jacobs
Mediation Feedback: Who is it For? (2/28/14)
Michael Jacobs
This article is the result of switching seats – moving from practitioner to party. Every mediation service I've worked for sends out feedback forms. Sometimes immediately after sessions, sometimes a few weeks later. This experience made me question the importance of mediation evaluation.

Bernard Nguyen
Bilingual Mediation (2/28/14)
Bernard Nguyen
Recently, numerous websites marketing bilingual mediation services in the States have appeared. To many, this may be a negligible appearance, but to some, it is a core part of their own breath and heartbeat, because they are either active amongst the community that inherited a culture and language other than English; or they are living isolated, sustained by a culture and language other than English; for instance, the deaf community and perhaps the blind community as well.

Eileen Barker
The Case for Forgiveness in Legal Disputes (2/28/14)
Eileen Barker
Although the notion of forgiveness may seem far afield from the world of law, forgiveness is a powerful and important tool for conflict resolution. Litigants need legal solutions, but they also need peace, healing, and closure. Forgiveness provides a vehicle for achieving all of these.   5 Comments

Ian MacDuff
WYSI[N]WYG (2/28/14)
Ian MacDuff
In the early days of personal computing, the development of the “graphical user interface” was accompanied by the acronym, WYSIWYG: “What you see is what you get.” While some frustrated computer users know that this was never entirely true, or might only have been true for the computer boffins who designed the interface, the idea was nevertheless an important one: what was there on the surface was what you had to deal with – folder and files and trash cans were all there on the virtual “desktop.”

Mediate.com ZZZZZ
Update on Mediate.com Certification Program (2/25/14)
Mediate.com
Mediate.com offers our Mediator Certification Program for well-trained and highly experienced mediators. Please consider becoming a Mediate.com Certified Mediator and get more mediation cases.


Best Practice Guide on the Use of Mediation in Cross-Border Disputes (2/21/14)
Jamie Walker, Zeno Daniel Sustac
Sometimes, the act of justice leaves one or more parties being unsatisfied with a judicial decision and generates a resolution based on the “loser-winner” paradigm. The consequence is often, in addition to the preservation of their conflicted status, the prolonging of the expensive and stressful judicial dispute. Mediation, as an alternative method of conflict resolution, starts with the principle of seeking to most capably satisfy the parties’ interests with a sustainable agreement based on free will. This approach, in the context of globalization, confers mediation with the quality of being an effective cross-border and cross-cultural method of conflict resolution. This article is an excerpt of a thesis analyzing the benefits and unforeseen consequences of mediation in cross-border disputes. This article focuses on the importance of training mediators on cross-border disputes.

Rachel Virk
Third Party Assisted Negotiation and High Pressure Settlement of Disputes (2/21/14)
Rachel Virk
After twenty years of marriage, two parties separate. They are each college educated and gainfully employed. The parties have two children whom they hope to send to college, ages 13 and 15. They have amassed many assets during their marriage. This articles discusses how our current legal system does not have an effective way of dividing the mutually valued sum of these two people's lives.

Roger Ley
Compassionate or Benevolent Divorce (2/21/14)
Roger Ley
This is an essay on compassionate divorce and the role of lawyers in the divorce or dispute resolution process.  For the parties, the core of my system is to negotiate for the welfare of both sides.  For the lawyers, the core is to throw away the law books and let imagination help the lawyers find creative resolutions to their cases.

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