Mediation in Today's News

February 2016

Missoula Attempting to Use Mediation in Criminal Cases

Missoula County Attorney Kirsten Pabst says her office is pursuing the possibility of using mediation in criminal cases, a process that may have never been used in Montana. “The legislature authorized criminal mediation in 2007 after they realized what great cost savings it was and how it helped lessen that burden on the county court docket in the civil cases,” says Pabst. “I am not aware of anybody ever doing it around here and I know my predecessor wasn’t that interested in it. I think it’s a great tool.” read


Ireland: Department of Justice urged to explain failure to consider legal aid mediation

Justice department officials have been pressed to explain why it took an intervention from Northern Ireland's most senior judge to resolve the long-running row over legal aid. read


Judge orders mediation in Bozeman landfill lawsuits

A state judge has ordered mediation as part of three lawsuits filed against the city of Bozeman and others over the city’s closed Story Mill Landfill. “Each party shall have a person with ultimate settlement authority attend the mediation in person and participate in the mediation in good faith,” Salvagni ordered in each case. “Willful failure of a party to schedule, attend and/or participate in good faith in the mediation may result in the Court entering that party’s default.” read


Confronting Police with Mediation, Not Conflict

Last week it was announced that Baltimore residents would get the chance to confront police officers face to face that they’ve had beef with, in a formal, controlled context. Many who see the Baltimore City Police Department as an occupying force in poor communities of color, have waited for this opportunity for a long time. read


Long-running legal aid dispute resolved after mediation

A long-running dispute between lawyers and the justice minister which led to delays in more than 900 court cases was resolved last night. read


Amman, Jordan - New mediation law to allow for settling cases out of court

Jordan is in the process of adopting a new mediation law and establishing an independent mediation centre where the parties to a lawsuit can meet with a neutral third party in an effort to settle the case outside court, according to Justice Minister Bassam Talhouni. read


Feuding Tutus call a truce after mediation

A last-minute mediated truce between feuding members of retired archbishop Desmond Tutu's family has averted the prospect of dirty linen being aired in court. read


A guide to dealing with workplace bullying

More and more employers are using alternative dispute resolution procedures, including mediation for instances of bullying. Mediation is completely voluntary and the individuals must be given the choice of whether they want to participate. read


Economic Mediation in Cases Involving Domestic Violence: A Prickly Proposition

With the advent of economic mediation pilot programs involving cases including a history of domestic violence with final restraining orders in place, the appropriateness of and approach to such cases has become an issue of heightened importance. read


Overcoming Impasse at Mediation: Bargaining with Brackets

One of the most effective negotiation tools available to the mediator and the parties is a "bracket." A "bracket" is a conditional proposal in which a negotiator says: "We will go to X if you will go to Y." X and Y create a "bracket" between which the offering party proposes to limit negotiations. read


Should the mediator be evaluative?

No one wanted a mediator to impose his assessment of the merits like a judge descending momentarily from the bench. At the same time it was recognised that the reason why many mediators are chosen is because they are thought to already have knowledge and experience relevant to the topic in dispute and can therefore be respected and bring their experience and knowledge to bear on the discussion. read


A.C. amusement park battle heads to mediation

A lender and the owners of Atlantic City's Steel Pier are heading to mediation over the reported $1.5 million the amusement park proprietors owe for several loan defaults. read


Baltimore Residents Work to Heal Their City Through Police Mediation

Residents who file complaints against police for issues such as discourtesy will be invited to mediation sessions along with officers named in the complaint. The confidential sessions will be run by a trained third party mediator from Community Mediation Baltimore in a neutral space such as a church or conference room. read


Caesars proposes a mediator to speed up bankruptcy deal

The bankrupt operating unit of Caesars Entertainment Corp on Wednesday proposed mediation in its Chapter 11 case, potentially changing the course of the litigious, drawn-out bankruptcy proceedings. read


Tyga Says Kanye West Acted As A Mediator And Helped Him End His Feud With Drake

According to Tyga, Kanye kept it simple and placed both emcees in a room together for them to bury the hatchet read


Israel Requires Mediation for Divorce

A law has been passed in Israel that will come into force in July. It requires couples to try mediation before they can obtain their divorce through the courts. read


Syria Talks Are Declared Open as Mediator Begins Shuttle Diplomacy

Declaring the official beginning of the first Syria peace talks in two years, the United Nations mediator said Monday that they must show results to the country’s suffering civilians and he called on the outside powers that are helping drive the conflict to take steps to reduce the violence. The mediator, Staffan de Mistura, said his most important objective now was to keep both sides talking — even if they are not talking directly to each other. read


'Popularise mediation in dispute resolution'

Justice V. Gopala Gowda of the Supreme Court on Saturday emphasised the need for a collective endeavour to popularise mediation, a potent tool of Alternative Dispute Resolution (ADR) mechanism, with a thrust on rural areas to help the litigant public arrive at mutually agreeable settlement. read


Mediation: The Real Weapon for Peace

If there is one clear conclusion to draw, it is this: it is possible to prevent violent conflicts, yet most of the time we fail. This needs to change. We must recommit to mediation. read


Baltimore to launch mediation program for citizen complaints against police

Baltimore is planning to put police officers face-to-face with people who have filed complaints against them. Mediation sessions, meant to open up communication and improve police-community relations, could start within the next few weeks. Trained mediators are to run the sessions. read


Key habits of top mediators

Here are some of the key habits diligently and consistently employed by top mediators around the globe. read


Trudeau says Ottawa will be ‘responsible mediator’ in energy debate

Prime Minister Justin Trudeau says the new federal government wants to oversee a full and fair national debate over controversial energy issues such as pipelines and will act as a “responsible mediator.” read

January 2016

FINRA Arbitrations: Behind Claimant “Win” Statistics

FINRA reported that, for 2015, Claimants won about half of private securities arbitrations: 47% for all-public panel decisions; 45% for majority-public panels. A colleague and securities mediator recently studied FINRA’s 2015 private securities arbitrations to see just what the results are when Claimants “win.”   read


Ombudsman: Who she is and what she does

A new office at South Dakota State University will serve students, faculty and staff as a private place to discuss and resolve any university-related problems. The Office of the Ombuds is an independent problem-solving resource available to anyone with concerns or complaints against the university. Serving as SDSU’s first ombudsperson is Nicole Picconi. read


Overton Park Conservancy Agrees to Mediation

The Overton Park Conservancy (OPC) board agreed Wednesday to enter into a mediation process with the Memphis Zoological Society (MZS), as requested Tuesday by Memphis Mayor Jim Strickland. read


Mediation continues in Harbourside lawsuit vs. Jupiter

The lawsuit filed Jan. 5 by Harbourside Place against the town of Jupiter is going to mediation. If attorneys from both sides reach a settlement through mediation, a court trial would be avoided. read


Lawyers consider mediation in bid to resolve Northern Ireland legal aid dispute

Lawyers and the Department of Justice are to consider mediation in a bid to end the bitter pay dispute that has caused a huge backlog in criminal trials, it has emerged. read


Boston police aim to lower backlog of routine complaints

The Boston Police Department has launched a mediation program aimed at reducing a backlog of routine complaints against officers — an idea first suggested a decade ago. read


'You can not mediate racism,' Brookline officers say

Two black Brookline police officers who say racism within the department has left them fearing for their safety have rejected a public appeal from the police chief to sit down with a mediator to find a way they can return to work. “You can not mediate racism,” they said Monday in an e-mailed statement to the Globe. read


CUNY seeking mediation to settle contract, avoid faculty walk-out

The City University of New York (CUNY) is seeking mediation to settle its contract with faculty members and avoid the possibility of a strike or walk-out. Some 27,000 faculty members and staff at CUNY's 24 campuses. Faculty and staff have been working without a contract for five years. read


"Streetbeefs": A Different Kind of Mediation

A new documentary called “Guns to Gloves” has been making the rounds on social media, and getting a lot of buzz in the Shenandoah Valley. It was posted by the New York Times earlier this month. In that video, we meet a man in Harrisonburg who is engaging in a unique, but perhaps time-honored – method of dispute resolution, staging fistfights in his backyard. read


Judge suggests mediation in Hulk Hogan sex tape suit against Gawker

Hulk Hogan and Gawker Media should seek mediation instead of a trial, the Pinellas County circuit judge overseeing their case said in a Wednesday hearing. read


Strickland calls for mediation as City Council weighs in on park conflict

Memphis Mayor Jim Strickland called for both sides in the Overton Park parking dispute to agree to mediation after a meeting with zoo and park officials Tuesday. read


Fukushima to turn to third-party mediator to resolve claims dispute with TEPCO

The Fukushima prefectural government, exasperated by Tokyo Electric Power Co.'s foot-dragging, plans to turn to a third-party organ for the first time to resolve a dispute over damages arising from the 2011 nuclear disaster.  read


Tobaccoville to use mediator in debate over gun noise, explosives

A mediation specialist will be used by residents of Tobaccoville to help settle a debate over gun noise and explosives in the village limits. read


Private Mediation Does Not Toll Five-Year Statute—CA

Efforts at settling a case through private mediation in the closing months of the statutory five-year period for bringing the action to trial do not toll the time limit, the Court of Appeal for this district has ruled. read


UC's decision to mediate came from the top

After university administrators have faced accusations in recent years of responding too slowly to crisis situations, the University of Cincinnati made a move today that could set it apart. It was announced Monday that UC would pay a $4,850,000 settlement to the estate of Sam DuBose after both parties agreed to mediation. read


Landlords and tenants in dispute to get access to free mediation service

In Ireland, Landlords and tenants who are in dispute will now be able to access free mediation services through the Private Residential Tenancies Board (PRTB). read


Singapore: Mediation to play bigger role in medical lawsuits: CJ Menon

Changes are in store for medical lawsuits, with mediation to play a bigger role, and judges to pro-actively direct proceedings with help from medical experts. read


Divine intervention? Business conflicts could be solved at church

If you want to solve a business conflict – go to church. England's cathedrals are getting behind a new idea which opens their doors for mediation as an alternative to litigation for resolving company battles. read


Have you resolved to get divorced in 2016?

As many of us turn our thoughts to making changes in the New Year, a good number are likely contemplating divorce. Turns out, January is a popular month to file for divorce for many Americans. read


Alternative dispute resolution in Kenya

The main alternative dispute resolution (ADR) methods available in Kenya are negotiation, conciliation, mediation and arbitration. There is no mandatory requirement for parties to commercial litigation to submit to ADR proceedings. However, in terms of the Civil Procedure Act, the courts may, either on the application of the parties or on its own motion, refer a commercial dispute to ADR mechanisms. read


Singapore Family Justice Court to focus more on kids’ welfare, mediation processes

For all contentious child cases now, counselling and mediation is required, with a pilot programme that includes a therapeutic interview with affected children. “We found that this helped parents appreciate the consequences of their actions on their children, with encouraging results." read


Judge orders mediation in flight path dispute

A battle has been brewing since 2014 between residents in the City of Phoenix and the FAA. At issue are flight path changes that take planes directly over some historic neighborhoods. Now the parties could be one step closer to resolving things. A judge has ordered that the FAA and City of Phoenix try and work out an agreement in mediation. read


Prospects for mediation between Saudi Arabia and Iran?

There have been several offers for mediation including from Russia, Turkey, Iraq, and Oman. But the United States did not offer to mediate, despite the open lines between Washington and Tehran. read


How to Manage Family Strife

Families argue -- especially around the holidays. Overbearing in-laws, wayward teens, stepfamilies, elder care or antiquated parenting plans can turn a home into a war zone. While some situations are easily resolved, others can linger for months -- even years. Instead of allowing conflict to fester -- consider mediation. read Most Visited Mediation Website By A Mile

With more than 10 fold the traffic of any other mediation website,, now entering its 21st year, continues to be the world's most visited mediation website. Founded in 1996 by leaders in the mediation field, offers the world's leading mediator directory, geographically focused marketing and online development for mediators and mediation programs. read


How Arbitration Has Advantage Over a Trial

By exchanging the uncertainty and delay of class-action participation for a fair and timely arbitration procedure in which he has nothing to lose, the consumer’s financial disadvantage at the time of contract would be eliminated. read


Idaho: Mediation of charges explained

As Gem County Magistrate Judge, Tyler Smith hears and adjudicates a variety of cases, from citations and family issues to misdemeanors and preliminary hearings for felony cases. One role he also takes on is mediation of criminal cases. read


Alternate mediation: Dispute resolution councils resolve 528 cases in December

Peshawar: Dispute resolution councils (DRC) successfully resolved 528 petty disputes, in December 2014, across the province. read


Mediation Matters: Changing the culture of divorce – a mediator’s new year reflections

NFM's At-Court Mediation project successfully showed that couples who have become entrenched in conflict can, with the right help, find an exit from the courtroom drama and move on in a positive way. read