Sam Imperati, J.D. Executive Director
Portland, OR 97219
Fax: 503-244-1038
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Resolution Today
May 2013
5/23
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6 Ways to Make the Most of Mediation
The use of mediation has become an almost universal practice in litigation. More cases are resolved by mediation than by jury trials. Because of this, it is very important that insurance professionals understand the mediation process and learn how to make it effective. read

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Airport suit over damage caused by Obama visit sent to mediation
A public airport is suing the U.S. Secret Service for what it claims was close to $700,000 in property damage caused by a 2010 visit by the president. At the request of attorneys for both sides, U.S. District Court Judge Timothy S. Hillman has sent the case to mediation. The owners of Marlboro Airport filed their $676,000 civil action claiming Obama’s Marine helicopters and armored convoy, including a 20-ton fire-suppression foam truck and other security vehicles, tore up their 1,682-foot runway and grass apron during the commander-in-chief’s 2010 visit to the Massachusetts Emergency Management Agency in Framingham during record flooding. read

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Research project analyses practice of mediation in two public hospitals in Valencian Community
The research project from the Universitat Jaume I de Castellón (Spain) analyses the practice of mediation in two public hospitals in the Valencian Community through cases that involved a team of mediators over two years. read

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Oregon House votes to extend foreclosure mediation
The Oregon House has voted to extend a requirement that some mortgage lenders meet with struggling borrowers and a professional mediator before initiating foreclosure proceedings. The mediation requirement was first adopted last year. It applies only to certain foreclosures that are processed outside the courts. The measure approved Wednesday would extend it to all foreclosures. The majority of foreclosures in Oregon have long been processed outside courts, but they shifted to the judicial system after an appellate court ruling last year. Proponents hope the mediation will lead to an agreement that would allow borrowers to keep their home. The measure goes next to Gov. John Kitzhaber. read

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The Pedestrian–Cyclist Armistice Reached with Online Negotiation
Following in the footsteps of Amsterdam; Portland, Ore.; and Washington, D.C., among other cities, New York is set to launch its bike-share program, Citi Bike, on Memorial Day. New Yorkers have met the impending influx of bikes with both excitement and dread. Slate convened a summit between a representative cyclist and a representative pedestrian to see if they could defuse tensions a bit. Rules were proposed via email and ironed out with a short G-chat session. A bilateral, 10-point resolution to end the decades-long conflict between walkers and bikers is the result! read

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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. read

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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. read

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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. read

5/21
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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." read

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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. read

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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. read

5/20
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Arbitration Nation: Attorneys debate merits of arbitration agreements
Many people may not know what an arbitration agreement is, but chances are they have probably signed one. "Have you ever bought an appliance with a major credit card? Did you look at the back of the receipt? You probably just signed a contract of arbitration," explained Jeff Stewart, an attorney. This, of course, isn't the only type of arbitration agreement. There are different types in the labor and commercial sector. read

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Justice for Sale, Part One: Arbitration Purgatory
Perz said an independent expert he hired concluded the car had probably been submerged in water, causing the electrics to fail and rotting the vehicle’s frame with rust. Perz decided he couldn’t in good faith sell it to recoup his money. So he hired a lawyer. That’s when he learned that he couldn’t take Mossy to court. “My lawyer said I had to go to to arbitration,” Perz said. “I didn’t know even what that was.” read

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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.” read

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Mediation and divorce in Texas
Increasingly, couples seeking divorce are using alternative dispute resolution (ADR) methods to resolve issues in divorce proceedings. Mediation is probably the most common type of ADR method used in divorce cases today. While not advisable in all cases, this approach to navigating the divorce process can work well when couples are on equal footing, and want to plan for the future and have a role in developing the settlement agreement that will get them there. read

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Group calls for uniform international arbitration rules
Lawyers are hoping for more consistent rules for international arbitration across Canada as plans are in the works to smooth out differences between the provinces and territories. A working group is looking into creating consistent laws throughout the country on issues from the power of arbitral tribunals to make ex parte orders to whether it’s appropriate to have the same limitation periods everywhere in Canada. It’s a step toward making Canada an “arbitration-friendly” country, says Gerald Ghikas, a commercial arbitration lawyer at Vancouver Arbitration Chambers who’s also chairman of a working group that’s proposing the changes. read

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State Supreme Court Mandates Arbitration in Nursing Home Death Case
The Florida Supreme Court recently made it more difficult for the families of wrongful death victims to have their cases heard in court. In February, the Supreme Court unanimously ruled that a mandatory arbitration agreement signed by an elderly nursing home patient extended to, and was binding on, his estate and heirs. Many states refuse to enforce binding arbitration clauses in nursing home contracts, as they can be unconscionably biased in favor of the nursing home, but the justices refused to make such a declaration in this case. read

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Lawyer Says RCMP Refuses To Mediate Harassment Suit
A lawyer representing 300 women who worked for the RCMP alleging harassment and gender-based discrimination in a lawsuit says the national police force is declining an offer to mediate. read

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Mediate "The Way" says Fiji Chief Justice
Fiji CJ Anthony Gates believes that it was the failure of the non-confrontational approach widely used in Fiji that contributed to the first two coups of 1987. Speaking at the ADR International Seminar held in Kochin, India, Justice Gates said mediation has begun to play a more significant role in Fiji today. Justice Gates told the participants that Fiji had its own mediation system in the past. He said the mediation system was in place even before the missionaries arrived and it was known as 'i soro'. read

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Attorneys ordered to mediation in big-rig crash suit
Attorneys involved in a personal injury lawsuit filed by a family hurt in a crash that left their car suspended off a Highway 101 bridge have been ordered to mediation. read

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New mediation service aims to resolve rental disputes
A new mediation service in Fargo, ND aims to prevent landlord and tenant disputes from leading to court or eviction. A mediation service for landlords and tenants was created by the Successful Outcomes for Tenants and Landlords Committee, which is made up of area landlords and representatives of housing agencies. read

5/17
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Bermuda: Gang Mediation Structure Put In Place
A structure has been put in place around gang mediation and police officers will directly engage with students to stem the growth of the gang culture, read

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Charles Schwab Drops Forced-Arbitration Clause From Contracts
After AT&T somehow convinced the U.S. Supreme Court that a couple of sentences buried toward the end of a contract that maybe .05% of customers ever think about reading was all that was needed to preempt class-action lawsuits, many large companies have rushed to pack their user agreements and licenses with clauses that force customers into arbitration. But, stuck in a battle with an industry regulator, the folks at Charles Schwab have decided to go another way, announcing that they have gotten rid of their arbitration clause… for now. read

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More ADR Tools for Shippers
Arbitration, and not litigation, is the driving force behind rules that federal regulators hope will settle simmering disputes between freight railroads and shippers, including coal plant operators.
The Surface Transportation Board announced the policies May 13, after nearly three years of studying prolonged rate challenge cases. “Changes to the arbitration rules are intended to consolidate and simplify formerly separate arbitration procedures and to encourage greater use of arbitration,” the board said. read

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National Association for Community Mediation (NAFCM) receives $50,000 grant from JAMS Foundation for development of national Training Resource Center.
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. read

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Kobe Bryant Judge Orders Mediation in Memorabilia Dispute
Kobe Bryant, the All-Star basketball guard, must undergo mediation before a possible June 17 trial to resolve a dispute over whether a New Jersey auctioneer can sell his memorabilia on behalf of his mother. U.S. District Judge Renee Marie Bumb set a mediation session for May 17 in federal court in Camden, New Jersey, to try to settle a lawsuit between Bryant and Goldin Auctions LLC. Bryant, a Los Angeles Laker, seeks to block Goldin Auctions from selling 100 items consigned by his mother, Pamela Bryant. The firm estimates the auction could raise more than $1 million. read

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Bishop Eddie Long Agrees to Mediation (Huff Post Opin)
With little fanfare or news coverage, the four sexual coercion lawsuits confronting Bishop Eddie Long had the first hearing recently, with both sides opting for mediation to avoid a trial.
"Bishop Eddie Long agreeing to mediation of sexual coercion charges is an end-run around the universally accepted moral and ethical responsibilities of any ecumenical leader. Mediation of sexual allegation grievances is tantamount to an admission of "some" guilt, "some" form of ministerial misconduct. Innocent folk don't make deals if the claims against them are baseless and untrue. Mediation for the accused is a forfeiture of the right to ever claim innocence, and readers should be absolutely clear on this point." read

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Amazon wants seller lawsuit to go to arbitration
Amazon.com’s response to two former sellers complaining about tied-up payments can be summed up as: We’ll see you in arbitration. Seattle-based Amazon, in a 28-page document filed in U.S. District Court in Seattle, asks Judge Marsha Pechman to move the case to arbitration. The two sellers claimed in a lawsuit filed in March that Amazon refused to pay them for more than 90 days after it shuttered their accounts. They want full restitution of “monies wrongfully obtained,” plus interest and other unspecified damages.
In its response, Amazon noted that when the plaintiffs signed up to sell products on its website they agreed to arbitrate any disputes. The suit, which seeks class-action status, says Amazon routinely holds sellers’ money longer than allowed to rack up interest and “reap many tens of millions of dollars annually.” read

5/14
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Mediation Myths and Misunderstandings That May Affect Your Decisions in Divorce
The decision to divorce is probably one of the most important -- and most difficult -- decisions one will make during the course of a marriage. The unknowns and avalanche of effects falling like dominoes are often too overwhelming for one person to handle: "How do I start the process? When is the best time for me to initiate the divorce? If and when I make the decision to divorce, should I litigate or mediate?" It can be mind-boggling. read

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Arbitration Fairness Act of 2013 Introduced in Congress
As discussed by the American Association for Justice, the new law seeks to end the abusive practice of so many large corporations, including nursing home conglomerates, that seek to insulate themselves from legal accountability with forced arbitration. As the AAJ summarized, the law is critically needed, because when it comes to arbitration, “The process is secretive, costly and rigged so that corporations cannot be held accountable. By removing access to justice, it grants corporations a license to steal and violate the law.” read

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Discussion stuck? Call in a virtual mediator
Ever find yourself in a collaborative situation that’s gone awry? Maybe one person on the team dominates the conversation or an offhand comment distracts everyone for a whole meeting. Experts in social computing are developing a virtual mediator to turn around unproductive discussions. read

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Forcing arbitration to do good
A reform that was supposed to help the average American and cut the costs of litigation ended up being hijacked by the large and powerful. Now legislation has been introduced in Washington to return the effort to something resembling its original goals. read

5/13
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Africa: Mediation can stop costly conflicts
The cost of conflicts on Africa’s development between 1990 and 2005 was about $300 billion (about R272.31bn), according to Oxfam International findings published in 2007. The study, “Africa’s Missing Billion”, shows that our continent loses an average of $18 billion a year because of armed conflicts. This is a clear demonstration of the imperative need for peaceful conflict resolution through mediation in Africa. read

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Singapore Govt mulling mandatory mediation for some community disputes
The government aims to beef up the resolution framework for community disputes to make it more robust and effective. Acting Minister for Culture, Community and Youth Lawrence Wong said one possibility is to set up a body that can order mandatory mediation for difficult cases. read

5/08
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Appeal court rules on serving arbitration notice by email
In Continental Sales Ltd v R Shipping Inc., the Lagos Court of Appeal ruled that serving an arbitration notice by email constitutes effective service of the arbitration notice under the English Arbitration Act 1996, for the purposes of registering and enforcing a foreign arbitral award in Nigeria. read

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Chapman Law Introduces First Peer Mediation Clinic as Part of Juvenile Mediation Clinic
This program provides an important resource for the male adolescents residing in Juvenile Hall, as they experience issues as impactful as race conflicts and gang rivalries. “Many of the minors have never been exposed to conflict resolution techniques outside of physical fighting, so providing information on how to communicate needs and interests is a new concept." read

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Marriage Counselor Or Mediator?
In family law mediation, it is not uncommon to hear the parties question their judgment regarding the difficult decision to proceed with divorce. Can a troubled marriage really be saved? Is the relationship really worth saving? Does the couple need a mediator? read

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Westchester group asks for mediation on LAX runway change
A Westchester community group is seeking legal mediation with the city of Los Angeles regarding a plan to move a runway at Los Angeles International Airport. The request comes two days after the Los Angeles City Council approved, on a vote of 10-3, a proposal to move the airport's northernmost runway 260 feet closer to Westchester homes and businesses. read

5/06
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Fresno County farmer challenges state's mandatory labor mediation
A Fresno County farming company is suing the state, saying it unfairly imposed a requirement to negotiate with a labor union on behalf of thousands of its workers. Gerawan Farming Company, one of the largest tree fruit growers in the state, is suing the Agricultural Labor Relations Board and the United Farm Workers union, alleging the state failed to meet the requirements for imposing mandatory mediation against the company. The 42-page lawsuit, filed Monday in Fresno County Superior Court, also claims the process is unconstitutional. read

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Class Actions, Yes; Forced Arbitration, No!
What do the Leadership Conference on Civil Rights (with over 200 organizational members), Consumers Union (publisher of Consumer Reports), the AFL-CIO, the NAACP, the National Women’s Law Center, and the Center for Justice & Democracy, have in common? Many good things, of course, but yesterday, they were all among a boatload of organizations signing a letter supporting the introduction of the Arbitration Fairness Act of 2013. This legislation would end forced arbitration. read

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A Chink in the Mandatory Arbitration Armor
I have long railed against the insidious system known as mandatory arbitration which is foisted upon investors who deal with brokers. I testified about the unfairness of this system before a congressional sub-committee. I co-authored a study showing the dismal results for investors when they attempted to recover losses caused by the misconduct of their brokers. It's not surprising that a comprehensive study found most participants in these arbitrations believed the sessions were biased and unfair. read

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JPMorgan, UBS May Try Mediator in $2 Billion Mortgage Lawsuit
A judge handling a $2 billion lawsuit against banks including JPMorgan Chase & Co. (JPM) and UBS AG (UBSN) brought by the former Thornburg Mortgage invited their lawyers to file statements on the possible appointment of a mediator to resolve the dispute, according to a federal court filing in Baltimore. read

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Advice on choosing a mediator
“My family is hiring a mediator to help us divide a complicated estate. How should we choose? What questions should we ask?” read

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San Bernardino County joins cities seeking LAX mediation
San Bernardino County and Ontario joined Culver City and Inglewood on Tuesday, May 7, in demanding mediation with the city of Los Angeles over its environmental report on the expansion of Los Angeles International Airport. All three cities and the county had raised concerns about the report, which the Los Angeles City Council used to approve the expansion and moving the north runway closer to neighboring homes and businesses. Ontario and San Bernardino County are concerned that expanding LAX will further siphon passenger traffic away from Ontario International Airport, which has lost 40 percent of its passenger volumes since 2007. Los Angeles officials have five days to respond to the demand. If they fail to do so or refuse to go to mediation, the cities and the county can sue. read

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AU: The times are a changing – when it comes to selecting a mediator
The selection criteria for in-house counsel choosing mediators is 'a-changin'. A survey of in-house dispute resolution counsel from 76 arge international corporations focused on what criteria the counsel used when selecting a mediator. The results highlighted that almost half of the counsel who responded to the survey don't consider the legal expertise of the mediator as a relevant factor when selecting a mediator. The majority of respondents felt that the core area of expertise of the mediator was a more important factor. read

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Ireland: Mediation is best way to deal with company law disputes - judge
Mediation is the only way forward for "messy and expensive" company law disputes according to the senior judge who manages corporate divorces. High Court judge Ms Justice Mary Laffoy said that company law disputes, often between longstanding friends and siblings, as well as husbands and wives, are highly expensive and time consuming, with many lasting for years. "Mediation has application across the board, and I think most judges would welcome a mediation act" said Judge Laffoy. read

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South Africa: Debt mediation working for the consumer
Johannesburg - Over 70% of debt mediation cases resulted in a positive outcome for consumers in the first quarter of this year, the National Debt Mediation Association (NDMA) says. "Each consumer's case is unique and requires a different solution, and the ability of the NDMA to provide expert advice and guidance has benefited consumers immensely," CEO Magauta Mphahlele said in a statement. The NDMA closed 863 cases in the first quarter of the year, up from 679 in the last quarter of 2012. read

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Nicaragua: Justice through conflict mediation
About 3,000 volunteer judicial facilitators allow many cases to be settled out of court, while also working to prevent crime. Marvin Aguilar (left), vice president of Nicaragua’s Supreme Court of Justice, greets a judicial facilitator during a training event. Of the 3,000 facilitators in Nicaragua, 2,000 work in rural areas and 1,000 in urban areas. read

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Mozambique's Renamo Demands International Mediation for Talks
Mozambique’s main opposition party called for international mediation in talks with the government to resolve a political crisis after a series of attacks in which eight people died last month. read

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In dispute resolution, adjudication has its limits, mediation its place
From The Association of Indian Mediators - A large number of disputes can be settled outside the courtroom. This is less expensive for the parties and eases pressure on courts read

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Pre-facto mediation
The goal of pre-facto mediation is to stave off full-fledged litigation after the death or incapacity of the family leader and, through a guided mediation process, to help family members find peaceful resolutions to inheritance issues. The hope is that in this way harmony at home can be preserved without a great deal of lawyer's fees and court costs. read

April 2013
4/30
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Preparing for Mediation: Where the Real Advocacy Begins
The importance of mediations as an effective tool in reaching a settlement cannot be stressed enough. A mediation provides counsel with a very unique opportunity. It is often the one time in the entire litigation process where you have the opportunity to discuss the claim, your client’s injuries, and the damages, directly with the decision maker who has the authority to settle the action. read

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Lawmakers urge US SEC to bar forced Wall Street arbitration
A group of 37 federal lawmakers urged U.S. securities regulators to prohibit Wall Street brokers from forcing customers to sign away their legal right to sue. read

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IPO mediation service is relaunched
The UK Intellectual Property Office has recently launched a new mediation services to help businesses resolved disputes faster and more cheaply.
The move follows the Hargreaves report which identified reasons why an earlier mediation service was rarely used and assessed how it could be improved to meet the needs of businesses. The service will now offer a greater choice of mediation options including telephone sessions and will provide a wider list of specialist accredited mediators and a more flexible fee scale.
Disputes from infringement of an IP right, issues about IP licensing, copyright licensing issues and patent entitlement will all come within the ambit of the services. read

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Missouri legislation would abolish foreclosure mediation in the city and county
A bill to abolish mandatory foreclosure mediation in St. Louis and St. Louis County is nearing passage in the Missouri Legislature, to the chagrin of housing advocates. The bill would kill a system in which homeowners can demand a final, face-to-face meeting with the lender and a mediator before their house is taken in foreclosure. The bill caught foreclosure counselors by surprise. read

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The challenge of good faith mediation in Florida
Once upon a time, Supreme Court-certified mediators knew of no statutes, rules or common law governing court-ordered mediation in good faith; mediation communications were confidential; mediators were required to report the absence of an agreement without comment and mediators were not permitted to report failure of parties to mediate in good faith.
Yet, in advisory opinion 2012-005, Florida Supreme Court's Mediator Ethics Advisory Committee stated a certified mediator may disclose a party failed to negotiate in good faith or willfully failed to appear at a court-ordered mediation as required by the local rules of the U. S. Bankruptcy Court for the Middle District of Florida.
For more than a decade nationwide, Legislatures and the judiciary have mandated good faith mediation in the belief the threat of sanctions promotes more productive participation and reduces the backlog of cases. Like it or not, it appears mandated good faith mediation is here to stay. read

4/29
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Stryker Hip Settlements Subject of New Mediation Order
A mediation order has been given in regard to Stryker hip lawsuits pending in New Jersey consolidation. The judge overseeing the coordination has issued the mediation order to see whether Stryker hip settlements are possible, even while the litigation process continues. read

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Lagos Mediation Centre Recovers N446 Million
The Lagos State commissioner for justice and attorney general Mr Ade Ipaye has disclosed that the Citizens Mediation Centre in the state has handled about 30,686 cases and also facilitated the collection of a total sum of N446, 407,946.00 between May 2012 and March, 2013. read

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Is Turkey a loner on the thorny path to peace?
The second Istanbul Conference on Mediation was held again in Istanbul under the auspices of Turkish Foreign Minister Ahmet Davutoglu after a year of conflicts ranging across the world from Syria to Mali, from the Philippines to Sudan and Iraq. The conference aims to promote mediation in global conflict resolution approaches and provide a platform to bring together representatives engaged in mediation and peacemaking, such as policy makers, academics and NGOs, among others. read

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Attorney General Madigan Announces $5 Million Grant for Foreclosure Mediation Programs
Attorney General Lisa Madigan today awarded $5 million in grants from the national foreclosure settlement to fund the creation and implementation of new mortgage foreclosure mediation programs in counties with significant needs but without current programs. read

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Taking advantage of ADR in the entertainment industry
IP cases in the entertainment industry are great candidates for mediation and arbitration. The importance of secrecy and privacy, The need for expertise and the flexibility that ADR offers are three reasons why intellectual property and entertainment practitioners should use ADR as much as possible. read

4/28
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Sixth Circuit rejects arbitration title that it finds "was a model of how not to conduct one"
A previously vacated award of $1.4 million to a former Thomas Kinkade artwork dealer was not revived on appeal this month due to the same irregularities in the arbitration process that had caused a federal district court to reject the award in 2010. read

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Mediation and Alternative Dispute Resolution in the UK
Why compromise? Increasingly in civil litigation there are no winners — not even the lawyers, following the review and implementation of Sir Rupert Jackson’s report into costs. The question is rapidly being re-phrased as “Why litigate?” read

4/25
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MGIC Settles Part of BofA Mortgage Dispute, Agrees to Mediation
MGIC Investment Corp. (MTG), the mortgage insurer whose shares more than doubled this year, said it settled part of a dispute with Bank of America Corp. over loans that it covered. The accord excludes a disagreement over the curtailment of some coverage, and the parties plan to mediate the dispute and enter arbitration if necessary read

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Montana Legislators OK bill giving domestic violence victims choice for mediation
A bill approved by the Montana Legislature gives victims of domestic violence – both physical and emotional – the power to choose whether they want mediation in family law cases. read

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Singapore: Family ordered to go for mediation to settle housing dispute
A High Court judge has ordered the family of late scouting pioneer Dennis Goh Chin Chye to go for mediation, to settle the row over a five-room HDB flat valued at S$800,000. It is a last-ditch effort to resolve the long-running feud between Mr Goh's 91-year-old widow Eileen Chia Yoke Mui and her two daughters. The mediation, which takes place on Thursday, will involve Madam Chia's two daughters and two sons. read

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Baby boomers in Texas explore mediation and collaborative divorce
Although the overall rate of divorce in the country continues to fall, divorce rates among baby boomers are on the rise. In fact, separations for those over the age of 50 recently doubled. In addition to starting a trend called "grey divorce," boomers are also exploring alternative ways to finalize their divorces. Instead of following the more traditional courtroom divorce process boomers are considering mediation and collaborative divorce as options. read

4/24
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FEMA will try using binding arbitration to resolve disputes by applicants for disaster assistance
In accordance with the Sandy Recovery and Improvement Act, which was signed into law by President Obama last January, FEMA is planning to set up a pilot program to organize approximately 50 to 75 arbitrations to try to resolve disputes between applicants for disaster assistance (legitimately valued at $1 million or more) and FEMA. read

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Del. Senate approves extension of mortgage mediation program
A mortgage mediation program that requires lenders and homeowners to have a face-to-face discussion before a home goes into foreclosure is close to getting a four-year extension. The legislation was passed unanimously by the Senate. read

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Parents Temporarily Lose PCB Advocate as NYLPI Enters Mediation With City
Parents are losing a major advocate in their fight against toxic PCBs in the city's schools, as the leading activists are taking a temporary step back from the battle to enter mediation with the Department of Education. read

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Stripper class action sent to arbitration
The three strippers who filed a class action lawsuit against their former employer have agreed to participate in arbitration. read

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The right to be heard, regardless of age
Empowering elderly people to maintain the quality of their lives and not become victims of abuse and discrimination is one of the aims of a conference being held at the University of South Australia. The Sixth Annual World Summit on Mediation with Age Related Issues is a joint venture between UniSA and the Elder Mediation International Network (EMIN), designed to increase awareness of the benefits of mediation, highlighting global examples of best practice in elder mediation. read

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Has Mediation Suffocated Negotiation?
The love affair with mediation has resulted in a situation where lawyers have tossed negotiation out of the legal tool kit. Most lawyers are loath to negotiate; in fact too many negotiation is an anathema. read

4/23
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Mediator to triage health exchange problems
Sparring between Colorado’s Medicaid managers and those building the state’s new health exchange prompted an outside analyst to recommend a “third party to triage and manage the project.” A mediator from the New Jersey-based Robert Wood Johnson Foundation now will come to Colorado to help managers get the giant multi-million dollar project off the ground on time by Oct. 1 when it’s slated to open to consumers. read

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Ireland Mediation Guide
Over the last number of years, mediation has become increasingly used or considered as an alternative dispute resolution process in Ireland. According to the CEDR Ireland/ICMA Mediation Audit 2013, mediations have increased by 739% between 2003 and 2012 and 73% of all mediations surveyed reached agreement. read

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NJ open records dispute heads to mediation
A resident that filed three complaints with the state because she was denied city records said the New Jersey Government Records Council is now mediating the matter. read

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MT Legislators OK bill giving domestic violence victims choice for mediation
A bill approved by the Montana Legislature gives victims of domestic violence – both physical and emotional – the power to choose whether they want mediation in family law cases.
“We thought that the absolute bar disempowers survivors and basically substitutes the state’s prerogatives for women’s choice,” University of Montana associate law professor Eduardo Capulong, who with four students in the law school’s mediation clinic wrote HB 555. The bar “revictimizes survivors by robbing them of control over their lives – in particular, the way in which they choose to resolve disputes with their abusers.”
The bill was backed by a coalition including domestic violence and mediation groups, as well as judges, Although the bill originally failed to make it out of the Senate Judiciary Committee, a second attempt won unanimous support among committee members. read

4/22
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Organic farms rethink unpaid internships after back pay mediation
Some organic farmers are rethinking taking on interns this growing season after a Vancouver Island farm was forced to pay thousands of dollars in back wages to unpaid workers. read

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Editorial: Aguilar spot-on about mandatory arbitration
SEC member Luis Aguilar was on the right track last week when he told an audience at the North American Securities Administrators Association Inc. that investors should not be forced into mandatory-arbitration agreements when they sign on with a broker or investment adviser. By requiring clients to agree to arbitration as the only way to settle disputes, firms are unnecessarily eliminating an important avenue of redress that is available to nearly every other class of consumer. read

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FINRA Proposes to Make Selection of Arbitration Panels Simpler
The new rule proposed by the FINRA would do away with the need to select an arbitration panel, but would allow parties to disputes to select arbitrators from three lists. One list will have the names of 10 people competent to chair the arbitration panel. Another list will have the names of 10 people who are public arbitrators and do not have any connection to the securities and finance industry, and the third list will have the names of 10 persons who can function as arbitrators, but also have connections to Wall Street. read

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MarineLink: Using Mediation: Eliminate Risk and Conserve Litigation Expenses
When doing business in the maritime industry, someone will inevitably file a legal claim against your company, or you will file a claim against someone else. Although litigation is always good for your legal team, it is often not good for the litigants. read

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South Africa: North West Solicits Inputs On Mediation Strategy and Plan for Mining, Tourism and Land Claims
The Office of the Premier in the North West province is to host a workshop on the mediation strategy to manage relations between tourism, mining and land claims. The two-day provincial engagement involves key stakeholders in all of the sectors read

4/17
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Settlement proposed in Savannah harbor lawsuit
Parties in a federal lawsuit over the proposed $652 million deepening of the Savannah harbor are considering a possible settlement. read

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Ireland: Judiciary mediation plan revealed
An increasingly bitter dispute between judges and the Government has been defused after the Chief Justice Susan Denham secured agreement on a new mediation system. read

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CJI says arbitration centre must cater to common man
An arbitration centre must speedily redress cases not just of the rich and the corporate houses but also the common man, Chief Justice of India (CJI) Altamas Kabir says. read

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Defending Against Nursing Home Arbitration Clauses in Neglect Cases
There are times when nursing home neglect attorneys can successfully challenge an arbitration clause and allow a traditional lawsuit to be brought. read

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Czech Republic offers mediation in settlement of Nagorno Karabakh conflict
The Czech Republic proposes to play the role of mediator in the settlement of Nagorno Karabakh conflict: "The Czech Republic understands that this conflict is the biggest problem for Azerbaijan. This is a complicated conflict, therefore, the status quo is inadmissible. It is high time to drive the process from the deadlock.” read

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Charge against Beale dropped
Police have dropped an assault charge against Australian fullback Kurtley Beale after he reached an agreement through mediation with his victim. read

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Scottish football needs mediator, says Stewart Gilmour
St Mirren chairman Stewart Gilmour believes Scottish football needs a "mediator" to facilitate a way forward. read

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Foreclosure mediation expansion passes Oregon Senate, heads to House
The Oregon Senate on Tuesday approved an expansion of a state foreclosure mediation program that has seen little use as lenders route their foreclosures through the state's courtrooms. read

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International Mediation Institute publishes survey results on in-house counsel’s attitudes to mediation
The International Mediation Institute (IMI), a body which develops global professional standards for those involved in collaborative dispute resolution, has recently published the results of an 8 week survey regarding the approaches and expectations of in-house counsel in relation to arbitration and mediation. read

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Mediation next step in teen Muslim-Christian case
A judge has ordered mediation in the case of a teen girl who says her family threatened to kill her for converting from Islam to Christianity. Rifqa Bary, 17, ran away from her family in Columbus, Ohio, in July. She claims her father threatened to kill her. read

4/16
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U.S. SEC's Aguilar urges end to mandatory arbitration agreements
A top U.S. securities regulator on Tuesday urged the government to consider adopting new rules that would prohibit or restrict brokerages and advisers from forcing customers to sign away their right to sue. read

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Did You Sign Your Rights Away Today? Arbitration: Read The Fine Print
Ladies and gentlemen, have you read the fine print lately? You may no longer have the right to go to court if something goes terribly wrong. read

4/15
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Mediation Perspectives: “Infrastructures for Peace” – Useful Jargon?
The field of peacebuilding and conflict transformation is no stranger to jargon. A new term pushing its way into the lexicon is “infrastructures for peace” (“I4P” or “peace infrastructures”). read

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Manchester judge warns of legal time bomb for families
Legal aid changes and ignorance of options is set to lead families into debt and create chaos for children. read

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Portland police arbitration on the line
A Senate committee in Salem, Ore., hears arguments for SB 747, a bill that could keep officers fired for excessive force from coming back through arbitration read

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University of Mumbai to help citizens resolve disputes through mediation
To lessen the burden on the state's legal services, the University of Mumbai, along with the Maharashtra State Legal Services Authority, will offer pre-litigation mediation services to citizens. The move aims to reduce the number of pending court cases. read

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