NAFCM Receives Funding for a National Training Resource Center
The National Association for Community Mediation (NAFCM) successfully applied for and will receive $50,000 from the JAMS Foundation (JAMS). The grant is for the development of the Training Resource Center for community mediation nationally. The Training Resource Center (TRC) will be the largest compilation of community mediation resources in the country. NAFCM will partner with community mediation centers across the country to collect new and existing resources including but not limited to PowerPoint, handouts, mocks, videos, and more.
NADN Announces Partnerships With DRI - The Voice of The Defense Bar and the American Association for Justice
The National Academy of Distinguished Neutrals, the premier association for experienced civil ADR practitioners is delighted to announce partnerships with DRI, the largest professional organization for members of the defense bar, and the AAJ (formerly the American Trial Lawyers Association), the world’s largest association of trial lawyers.
Judges assigned, mediation dates set in MSU mass litigation
Several lawsuits have been filed in state court against Mountain State University regarding its accreditation. A December order referred pending or subsequently filed state court cases to the mass litigation panel. According to this order, all of these cases involve "harm caused to plaintiff as a result of Mountain State University's loss of its general accreditation, special accreditations in its nursing and nurse anesthetist programs and any other educational programs that require independent accreditation."
Should Mediation Team Fix Neighborly Fights?
The members of the Washington Township Committee discussed the possibility of a mediation committee. But what does that mean, exactly? Often times the police, mayor or other township officials will receive a call regarding neighborly disputes. Sometimes it’s about commercial vehicles in driveways; other times it’s about the height of a privacy fence. But no one is looking to press charges are take legal action, and that’s why Mayor Ken Short asked his fellow committeemen if a mediation committee would be helpful to the town. “It might be worth having five people be available to volunteer and mediate these disputes,” Short said. “This way we can keep folks from having to go to court or take action against each other.” The town’s leaders felt it was a good idea, and worth pursuing.
Mediation Continues in Suit to Block LG Project
Mediation between lawyers for a group preservationists and LG Electronics is ongoing after the effort to find common ground in a lawsuit to block the company's proposed Englewood Cliffs headquarters began early this month, representatives for both sides said Monday. At issue is LG's plan to build a 143-foot high office complex visible above the Palisades in Englewood Cliffs. The preservations say the building will tarnish the scenic cliffs. LG, however, contends the project will bring much-needed jobs to the area and features an environmentally friendly design.
GiveForward partners with Medical Bill Mediation to help families reduce high medical bills
GiveForward, a crowdfunding leader helping families and friends raise money for a loved one's medical bills, is pleased to announce a new partnership with Medical Bill Mediation of the Karis Group, Inc., a service which helps patients consolidate and reduce their healthcare bills. This alliance stems from both organizations' shared mission of empowering patients to face the rising cost of healthcare in America.
Mediation planned in lawsuits over Wyoming plane crash
Lawyers are planning mediation sessions to try to resolve two federal lawsuits stemming from a 2010 plane crash in western Wyoming that killed a Twin Cities father and three sons.
Honolulu's Giuseppe Leone launching Mobile Mediation
Honolulu mediator Giuseppe Leone, who recently ran the successful Virtual Mediation Lab, is at it again with the launch of another project called Mobile Mediation. According to Leone, “We have experience in running online mediation via Skype, but then I realized that the next frontier of online mediation is going to be mobile, in which parties are able to participate using an iPad, iPhone or Android device,” he said. “That possibility will allow mediation to be offered in so many different situations.”
The world of online dispute resolution is growing rapidly and at an accelerating pace based both upon purely online initiatives and because all mediators and arbitrators are now "online mediators and arbitrators." We all now use the internet extensively in nearly every case. We hope and trust that you will gain great value from our new ODR websites.
Business As Usual? Mediation and the Justice System (5/19/13) Charlie Irvine This article considers the under-use of mediation in the UK's second largest jurisdiction, Scotland. The article has three sections: a "myth buster" and two questions. The first examines three popular myths about mediation; the second addresses the question, "How does mediation add value to the justice system"; and the third presents the business case for lawyers, "Why does mediation make good business sense?"
ODR in North America (5/18/13) Arthur Pearlstein, Noam Ebner, Bryan Hanson In the chapter, the authors map out the state of ODR private market services and look at our federal government and its potential roles
as a major provider and user of ODR services. The US and Canada have not only spear-headed the offering of ODR services. North American institutions were also the first to set up research institutes in this area of dispute resolution, as well as to incorporate ODR into academic curricula.
ODR in Europe (5/18/13) Graham Ross, Marta Poblet This paper offers an overview of the present situation of ODR in Europe and discusses effective development of ODR deployments to handle online,
offline, national and cross-border disputes in Europe. To do so, we proceed by first defining the scope of ODR and reviewing existing services. We then continue by analyzing the major challenges faced by ODR in Europe and finally conclude by suggesting some future scenarios.
Expectation and Regret - A Look Back At How Mediation Has Fared In The U.S. (5/17/13) Peter Adler In May, 2013, I gave a keynote talk to the Civil Mediation Council in London for their 7th National Conference. The question I was asked to address was: “What should we in England learn from the U.S. mediation experience?” Said differently, what might others profitably take from the explosive growth of court, community and privately offered mediation over the last 25 years in the U.S.? What hind-sights can we offer now that, by some measures, both countries have succeeded in marrying mediation into their civil law systems and legal cultures and what regrets and appreciations do Americans hold? 2 Comments
ODR and e-Arbitration – Trends & Challenges (5/17/13) Mohamed S. Abdel Wahab This chapter is divided into five sections. In section 1, the author sheds
light on the conceptual framework of e-arbitration. In section 2, the issues pertaining
to the e- arbitration agreement are scrutinized. Section 3 focuses on e-arbitral
proceedings and section 4 addresses e-arbitral awards. Section 5 provides
an overview of some e-arbitration projects and initiatives. Finally, the author offers some
Lincoln Unchained: A Principled Hardball Negotiator For the Ages - Film Review (5/16/13) Robert Benjamin “Lincoln” is worthy of admission to the elite pantheon of excellent films, few in number, that focus on negotiation. More than merely a well-drawn historical drama, as some have characterized it, the film pushes beyond the simplistic mythology of Lincoln as the great emancipator and savior of the Union to examine the reality of what is required to negotiate difficult human events. Not surprisingly, little has changed in the intervening 150 years, which makes the film deserving of careful review by teachers and practitioners of negotiation and mediation.
eMediation (5/16/13) Noam Ebner This chapter beings with a brief discussion of the developmentof e-mediation within the wider context of ODR growth. Next, a snapshot is provided
of the field’s status quo with respect to stakeholders, modes of communication and technology utilized, as well as the prevailing trends. The third section addresses substantive and process issues in e-mediation: mediation process models, stages and issues, practitioner skills, professional issues, ethics and practitioner standards.
Dzhokar Tsarnaev (5/16/13) William Hymes As we find ourselves satiated with the lurid details of the Boston Marathon Bombing, we notice the comic relief story: “Social Media Shows Support for Alleged Bomber’s Innocence." The temptation here is to either chuckle at Dzhokhar’s supporters’ refusal to accept the incursion of reality into their lives or express anger that there is any support at all for one who seems likely to have committed such an atrocity, and utilize this as an opportunity to allow ourselves to exclude these voices and belittle their message.
ODR and eNegotiation (5/15/13) Ernest Thiessen, Paul Miniato, Bruce Hiebert Online dispute resolution (ODR) and eNegotiation are two overlapping components within
the world of electronic group decision support systems. eNegotiation encompasses all
online transactions in which two or more parties seek an agreement through negotiation.
These negotiations can range from e-Commerce to international peace treaties.
ODR and Ombudsmanship (5/13/13) Frank Fowlie This chapter focuses on the applicability of Online Dispute Resolution (ODR) for a specific
dispute resolution mechanism, the Ombudsman. The chapter is based on the experiences
and observations of Dr. Frank Fowlie, who served as the Inaugural Ombudsman for the
Internet Corporation for Assigned Names and Numbers (ICANN).
ODR and the Courts (5/11/13) Karim Benyekhlef, Nicholas Vermeys Whilst acknowledging that ODR assumes two roles as a competing and complementing
system to state courts, our focus in the following pages shall be exclusively directed to the
complementary role of ODR, and to the development of court annexed ODR schemes.
Accordingly, we shall commence by providing an overview of how states have started to
incorporate ODR into the legal process, and then proceed to shed light on possible
future paths for state-run ODR systems.
Can a Med-Arb Serve in Two Processes? (5/10/13) Laura Lozano Med-Arb is a controversial hybrid of two processes in which parties first go to mediation, and if the process is not successful, they arbitrate. In the “pure” form, the same Neutral assists both processes. But how can an arbitrator who has held discussions with the parties satisfy the requirements of “impartiality” and be a “fair arbitrator?” 2 Comments
Online Mediation: If the Shoe Fits (5/10/13) Negeen Rivani As the Internet expanded the opportunities for transactions among buyers and sellers from different counties, several roadblocks emerged during disputes, including the expense of filing a lawsuit in a foreign country, the complex jurisdiction issues, and the distances involved. In response, an online forum surfaced as the most efficient way for the two parties to resolve any potential conflicts. Skeptics of online mediation have resisted the new forum due to the inability to communicate face-to-face and the lack of familiarity with the cyber-environment. Today, however, online mediation is no longer perceived as an experiment. As a matter of fact, the cyberspace model of online dispute resolution has expanded its disputes from simple e-commerce transactions to cater to a wide array of disputes.
The Promise and Reality of Online Dispute Resolution in Australia (5/10/13) Chinthaka Liyanage, Tania Sourdin It is clear that Online Dispute Resolution (ODR) has grown significantly in response to local and international factors within Australia over the past decade. This growth is partly attributable to a healthy Alternative Dispute Resolution (ADR) environment within Australia. The use of ADR in Australia is widespread and all Courts and Tribunals now have the power to mandatorily refer disputes to ADR processes.
ODR and Justice (5/08/13) Ruha Devanesan, Jeff Arresty In this chapter, we analyze the interaction between traditional concepts of justice and fields in which
Online Dispute Resolution (ODR) has flourished and is burgeoning. We then explore the
ways in which justice as traditionally conceptualized is adapting to the digital environment,
and ask the question: Are traditional notions of justice relevant to contemporary online
interactions between individuals, businesses, and governments?
Los Angeles Superior Court Shutters ADR Program (5/06/13) Randy Drew After more than 20 years, the largest program of its kind in the United States is calling it quits. We’re discussing the ending of possibly the largest single ADR practical training ground in the world. Could this be a "make lemonade" moment for mediators? Will this megalithic event impact mediators homogeneously, or will there be a stratification of consequences? 5 Comments
One Language and One Video at a Time (5/03/13) Giuseppe Leone Online mediation is becoming increasingly popular. Giuseppe Leone is hoping to build on this popularity by using Skype to give mediators practice at testing their dispute resolution skills. Mr. Leone also points out that viewing a mediation role play can alleviate some clients' fears of the unknown.
Holding Both (5/03/13) Jeanne Cleary “What do you need to grow in order to have the capacity to hold both?” Holding both is a concept of holding on to your true self and seeing yourself in relation to the world around you. This author examines that concept in relation to the Boston marathon bombing.
The Gray Divorce (5/03/13) Denise Tamir Though the fact that divorce has become more common and less of a stigma has some impact, that does not explain why the gray divorce rate is climbing while the general divorce rate is going down. Denise Tamir suggests a few contributing factors. 2 Comments
10 Helpful Tips for Mediating Child Related Issues (5/03/13) Lisa Nelson The article provides helpful tips and considerations for parents to address in divorce mediation when minor children are involved. There are specific considerations that parents need to be made aware of before they enter the mediation process with children.
Mediation Case Law Video: Wrongful Death (5/01/13) James Coben In Estate of Barber v. Guilford County Sheriff's Department,, the appellate court ruled that a plaintiff's obligation not to defame a wrongful death action defendant is not unenforceable as a prior restraint on speech, where record showed the mediated agreement was based on a knowing, voluntarily and intelligent waiver of constitutionally protected rights.
ODR and Government (5/01/13) Ethan Katsh, Daniel Rainey The topic at hand is the use of the Internet to govern, and the role that ODR can play in e-government. Our discussion of e-government will be divided into three main sections: What has changed?; What must government (and e-government) do?; and Where are e-government and ODR going?
Matt Phillips Is New NAFCM Executive Director (4/30/13) James Melamed Please welcome Matt Phillips as NAFCM’s new Executive Director. Matt’s most recent role was as director of the Volunteers of America Dispute Resolution Center in Everett, Washington. He was also the Chair-person for the Resolution Washington’s statewide legislative committee that was involved in raising over $12 million for conflict resolution.
Mediation Case Law Video: Those All-Day Mediations -- Maybe We Should Reassess? (4/30/13) James Coben In the case In re Rains, the appellate court concluded that the bankruptcy court did not clearly err in finding a debtor mentally competent to enter into a mediated settlement, notwithstanding that immediately following the conclusion of mediation the debtor drove himself to the hospital where he was admitted and diagnosed with a cerebral aneurysm and stroke.
Interview of Pattie Porter (4/29/13) Patricia Porter This interview of Pattie Porter by Dave Hilton of the Conflict Specialists Show addresses such issues as conflict coaching; CINERGY conflict coach training; workplace conflict; the value of joining professional coaching and dispute resolution organizations; branding and networking when you have a coaching business; and more.
ODR and Trust (4/29/13) Noam Ebner Trust is on the rise. Perhaps not in practice, but certainly as an area of interest and research. This is clear to anyone tracking the dispute resolution and conflict management fields, and is particularly noticeable in the field of ODR, in which trust has always received special attention.
Managing Business Risk (4/26/13) John Sturrock Managing business risk can be done through effective negotiation and conflict management. Mediators can help to manage that business risk by nipping things in the bud – and resolving difficult disputes.
I'm Heading for Divorce. How do I Start? (4/26/13) Rachel Virk This article walks through the divorce process for someone who is just beginning to consider a divorce. It gives a practical guide for people to navigate through the process without an emotional roller coaster.
Developing an Online Mediation Practice (4/26/13) Ben Davies This article chronicles the observations and lessons learned of a mediator, new to both webcam communication and online mediations, during a series of simulated mediations with Virtual Mediation Labs (VML). Ben describes some of the problems he encountered during the simulations and the implementation of Skype into his practice and how instrumental the VML programme is to a prospective online mediator. The lessons learned in this article will enable a mediator to be aware of the fundamentals of online mediation and gives a brief synopsis of the commonest problems encountered during online mediation.
The Mediator as Moral Witness (4/23/13) David A. Hoffman People in conflict often present their claims in starkly moral terms: "I'm in the right -- the other party is clearly in the wrong." Mediators are trained to deflect argument involving moral claims from a focus on entrenched positions to a focus on underlying interests. But what if the parties perceive their most profound underlying interest to be validation of their being “right”? What if each party is looking to the mediator to be a witness to the other party’s “moral culpability”? 1 Comment