Mediation in Today's News

November 2015

Mediators Facilitate Groups in Conflict

Community mediators, many of them volunteers, help people navigate the most intractable conflicts. But when groups started requesting mediation services, Community Dispute Settlement Center realized their mediators needed some specific training. Here's how they worked with Public Conversations Project. read


Efforts to Rein In Arbitration Come Under Well-Financed Attack

The ad attacks the Consumer Financial Protection Bureau, a federal agency created with Ms. Warren’s strong backing after the 2008 mortgage crisis. What the ad did not say: Its sponsor wants to rein in the agency in part because of its efforts to restrict arbitration — the widespread practice in corporate America of requiring customers and employees to resolve disputes not in the courts, but in private proceedings with neither judge nor jury. read


Resolving Emotional, Highly Charged Employment Issues With Mediation

Whether you represent the employee or former employer (or even the new employer) in a case involving allegations of theft of trade secrets or breaches of non-competition, non-solicitation, anti-poaching, and/or confidentiality (NDA) covenants, mediation is an attractive option that should be considered as a valuable tool to help resolve a case including at its earliest stages (and even pre-suit). read


Weekend retreat: Dems, GOP seek to find ‘common ground’

In an attempt to change the tone in town and eliminate social media animosity, political leaders from the Republican and Democratic parties are entertaining the concept of a “weekend retreat” that will encourage face-to-face conversations and team-building exercises between residents with rivaling bureaucratic ideologies. read


Alternative Dispute-Resolution Program Established

New court fees go into effect today after the Comal County Commissioners Court last week approved the establishment of a new dispute-resolution program that will help low-income disputants obtain mediation. The fees – $15 on all civil cases filed in Comal County courts-at-law and district courts – will help offset the cost of contracting with Central Texas Dispute Resolution Center to provide mediation services for cases where the parties fall below a certain income threshold. read


Schools, mediation center partner for 'Restorative Justice'

Mooresville and Iredell County schools are partnering with Piedmont Mediation Center, Inc., to offer a different way to solve conflicts like bullying, risky behavior, sexting and truancy. The program, deemed “Restorative Justice,” began last year in middle and high schools throughout Mooresville, Statesville and Iredell County. read


Reentry Mediation program rebuilds relationships between inmates

Since 2008, Maryland's Reentry Mediation Program has helped hundreds of inmates while reducing recidivism rates. According to the 2014 Reentry Mediation In-Depth Recidivism Analysis report, when an inmate used mediation, the probability of an arrest post-release was reduced by 13 percent and the probability of conviction reduced by 15 percent. read


US court "strongly recommends" mediation despite reluctance to settle in luxury goods makers' claims against Alibaba

A US judge has "strongly recommended" that a group of luxury goods makers, including Yves Saint Laurent and Gucci continue with attempts to mediate the group claim against China's largest e-commerce entity, Alibaba Group Holding ("Alibaba"). The claim relates to the sale of counterfeit goods by Alibaba worldwide. read


Chicago Archdiocese Rejects Mediation With Fired Gay Employees

The archdiocese of Chicago has refused to participate in mediation in two cases involving human rights complaints. Two homosexual men working in different parishes were fired last year by their pastors. Colin Collette, choir director at Holy Family parish in Inverness, Illinois, and Sandor Demkovich, music director of St. Andrew the Apostle parish in Calumet City, were asked to resign when news of their same-sex weddings were made public. They both refused and were fired. read


US Pacific Fleet Chief Backs Manila's Call for Mediation in South China Sea

The commander of the U.S. Pacific Fleet said Tuesday that international mediation is the best way to reduce tension over disputed islands in the South China Sea, throwing his weight behind a strategy Manila has pursued in an escalating dispute with Beijing. read


Mediation program available for farmers

As South Dakota farmers wrap up this year’s harvest, some know they’ll have to borrow money and hope for better next fall. The stress of trying to operate when prices received don’t meet the input costs can be overwhelming. For those facing especially tough times, a governmental mediation program can be tapped to help resolve financial disputes. In looking at current prices, it’s understandable that some producers use it. read


You're Getting Ripped Off By Forced Mandatory Arbitration -- Here's How to Stop It

From Senator Al Franken of Minnesota and Congressman Hank Johnson of Georgia. Forced arbitration rigs the game in favor of big corporations and against consumers and employees. And recently, a New York Times investigation has exposed just how prevalent this damaging practice is; indeed, the story almost certainly affects you, personally. read


No, arbitration isn't evil, but safeguards are needed

There seems to be a lot of confusion about arbitration. Judging by recent media accounts, it's a crooked business designed by thieves for the purpose of cheating the virtuous. But arbitration is not the problem. The situation is more complicated than that. read


What Makes An Effective Leader? Leadership In Animal Kingdom Gives Clue

Researchers from the National Institute for Mathematical and Biological Synthesis (NIMBIOS) embarked on a study to find out the patterns of leadership existing among small-scale mammalian species, including animals and humans. The authors surprisingly found clues on being an effective leader among the members of the animal kingdom. The authors performed their investigation by studying leadership evidences in four disciplines including movement, conflict mediation within groups, food gathering and group interactions between groups. read


Halle Berry and Olivier Martinez plan to enter mediation

The estranged couple – who separated recently filed for divorce after two years of marriage – are hoping to keep their split as amicable as possible for the sake of their two-year-old son, Maceo, and have already agreed to seek professional help to iron out a fair custody agreement. read


High Profile San Antonio Trust Dispute Sent to Mediation

A Bexar County Probate Court Judge has reportedly asked the parties engaged in a high profile battle over a trust valued at nearly $1 billion to engage in mediation. In the case, the 88-year-old owner of the National Football League’s New Orleans Saints and the National Basketball Association’s New Orleans Pelicans, Tom Benson, and his only daughter are apparently at odds over control of the assets that were placed in trust by Benson’s late wife who sadly passed away in 1980. read


Helping Kids Solve Conflicts

Cora McGibbon may only be a fifth-grader but this 9-year-old has first-hand experience at resolving conflicts among students on the Continental School campus. "I don't take sides and I listen," McGibbon said. "I stay friendly and I use my eyes." read


Parties in hepatitis C outbreak lawsuit schedule mediation

Parties involved in a federal lawsuit tied to a hepatitis C outbreak in Minot that has been the largest in recent U.S. history are turning to mediation to try to reach a resolution. The case has lingered in court for a year and a half, and the attempt at mediation comes as one of the two health care facilities involved in the dispute has stepped up the rhetoric over who is to blame. read


Court orders mediation in Ithaca teens' racial profiling lawsuit

A judge is ordering parties involved in a lawsuit regarding a controversial Ithaca police incident to meet in attempt to a come to a resolution. The lawsuit was filed in August -- about one year after mothers of two black teenagers say their sons were racially profiled by Ithaca police officers on the way home from a basketball game at Cornell University. read


Wildfire victims meet with teen who started Oregon fire

The Corvallis teen who admitted to starting a wild fire in September 2014 is set to meet face-to-face with the homeowners and tenants affected by the fire. Salem-based Neighbor to Neighbor Inc. has been contracted by the Benton County Juvenile Court to facilitate the process between Dawson DeWolfe, 16, admitted to misdemeanor charges of reckless burning, reckless endangerment and second-degree criminal mischief in a disposition — the juvenile equivalent of sentencing. As part of the disposition, DeWolfe is required to attend restitution mediation. read


Legal Landmark For The Institution Of Mediation In Brazil

A legal landmark for the institution of mediation in Brazil, Federal Law no. 13.140/2015, which establishes rights and duties for the guidance of parties, lawyers and mediators, was published on June 29, 2015 in the Official Gazette of the Union, and will come into force 180 days after its publication.  read


Battle Between Nightclub Owner and Residents Could Soon Be Over

The battle between a group of Tallahassee residents and the owner of Top Flite Nightclub may soon come to an end. Last month, the owner of the nightclub, It now seems that some residents are trying to help the owner of Top Flight, instead of fighting him. In the recent mediation meeting, some even suggested a land trade in order construct the parking lot in a different area. read


Fayette, NAACP resume voting rights mediation Friday

Fayette County and the NAACP are headed back into mediation Friday to try to reach an agreement over how to amicably end a contentious fight over the county’s voting system. read


Keys to success in construction mediation

There is a great deal of anecdotal history and statistical evidence to suggest that properly structured timely mediation with a mediator astute in the construction industry can resolve complex construction cases. read


Judge suggests mediation for Palace Hotel

At a hearing in Mendocino County Superior Court Monday, no ruling on whether it would be appropriate to have a receiver take over work on the Palace Hotel was issued, and instead the judge assigned to the case suggested strongly that both sides consider mediation. read


Mediators find more tools through neuroscience

Mediators and other practitioners of alternative dispute resolution are using information gleaned from the research of world-class neuroscientists to calm emotions and help mediations resolve more easily. read


Families struggling to care for elderly turn to mediation

Trained mediators increasingly are helping families at odds when it comes to resolving emotional disputes over the care and finances of aging parents. read

October 2015

Mediation Bucks - a facility to resolve differences between people

Disputes, no matter how minor, have the ability to escalate. Laura Mowat speaks to a volunteer at Mediation Bucks about what they do to help people to resolve them. read


Mediation in Nepal

Using mediation services incurs fewer costs, and the process protects privacy and confidentiality. The mediation allows for voluntary participation of the disputing parties in resolution process in a fairer and legitimate way  read


How Does a Mediator Work?

Elizabeth Clemants, a New York City mediator and shaman., discusses the psychology of conflict resolution, how she integrates her work as a shaman with mediation, and the role that empathy plays in her work. Clemants also talks about the difficulty of coming to a solution in the “Me” generation. read


ADR flourishes in Francophone Africa

This article offers an overview of the disputes markets in Cameroon and Ivory Coast, and identifies growing interest in ADR, in what are thriving markets for dispute resolution. read


Community mediation, restorative justice better together

So why are Community Mediation and Restorative Justice Services merging? Both programs share the same philosophical perspective — effectively repairing harm between people — and both are considered part of the larger umbrella of highly effective conflict resolution processes. read


Syria's Other Casualty: Europeans' Middle East Mediation Role?

Do Europeans still make good peacemakers? Unfortunately, just as Europe’s interest in the Middle East rises, its relevance to the region seems to be slipping. read


Elders challenged to include women in their councils

Elders from various ethnic communities have been challenged to ensure women are recruited as members of councils of elders to give them a chance to participate in communities' decision making processes. Abagusii Elders Council Chairman, senior retired Chief James Matundura has underscored the importance of communities across the country incorporating women while constituting their elders councils, saying women play a critical role in mediation and peace building in communities. read


A cheerful goodbye

Sheryl Hicks, director of court services for Troup County, GA and alternative dispute resolution for the Coweta Judicial Circuit, was honored Tuesday at the Troup County Government Center. Hicks received a personalized plaque in honor of her upcoming retirement on Oct. 30. She has 25 years of service as director of court services and alternative dispute resolution, also called mediation, a program that she launched in 1992. read


Fayette County, NAACP Enter Mediation In Voting Rights Suit

Fayette County officials are set to meet with the NAACP on Wednesday in an attempt to settle a lengthy voting rights fight. Earlier this month, Atlanta U.S. District Judge Timothy Batton ordered the parties into mediation with Georgia State University law dean Steven Kaminshine. read


Five Reasons Why Divorce Mediation Isn't More Popular

Even though we mediators love to tout the benefits of using divorce mediation over other divorce processes (especially traditional, court-based divorce) it is not the most popular process. Mediation just isn't the number one choice (yet) despite the facts that: it usually costs less, is faster and more efficient, and is a gentler and more peaceful process. read


New Zealand: New retirement village dispute system could be on the way

Retirement village dispute resolution could be improved soon, after a forum in Auckland last week found a gap in the system. The outcome could be a beefed-up mediation process for the approximately 33,000 residents who live in a steadily rising number of villages, attempting to resolve issues faster between the owner/managers and the residents - and complaints might be able to be made online soon. read


Saints, Pelicans owner Tom Benson and daughter agree to mediation in Texas lawsuit

Saints and Pelicans owner Tom Benson and his estranged daughter have agreed to work with a mediator on a possible settlement in the fight for control over the family's assets in Texas, lawyers for both sides said Monday (Oct. 19). read


St Mary in Jamaica Gets Mediation Centre

Dozens of local residents in Port Maria, St Mary, celebrated alongside members of the judicial and security services last Thursday after Justice Minister Senator Mark Golding opened a spacious, new mediation facility in the town centre. read


Mediation often the way to go to resolve local issues

The key to mediation is finding the underlying issues and solving them before disputes get out of hand. read


Peer-mediation skills taught to middle-school and high-school students

Fifty students, from grades 6 - 12 in the Neah-Kah-Nie and Tillamook school districts, attended two full school days of peer-mediation training at the Officers Mess in the Port of Tillamook Bay on Thursday and Friday, Oct. 15 and 16. According Marie Heimburg, coordinator of Conflict Solutions of Tillamook County, who arranged the training, the skills learned will enable these students to mediate disputes that may arise among other students. read


Mediation, arbitration are not the same thing

I was disappointed to read the inaccuracy contained in the Associated Press article “ Financial regulators may limit forced arbitration,” in the Oct. 11 Dispatch. The article confuses mediation with arbitration and perpetuates the notion that mediation and arbitration are one in the same. read


Demystifying Divorce Series, Part 1: Mediation

Arianna Jeret walks you through a 5-part series on the most current options in modern divorce. read


When to Make the First Offer in Negotiation

Knowledge of the anchoring effect can steer dealmaking in the right direction. read continues to be the top mediation website in the world

Alexa reports show that has more than 10 fold the web traffic of any other mediator website. read


Tunisia's Nobel winners have shown how to build peace – the rest is up to us

The world would do well to learn from the template for achieving peace and democracy laid down by the Tunisian national dialogue quartet. read


Long-simmering swimming pool dispute goes to mediation

Greenbrier County Commissioners agreed to enter into mediation with representatives from New River Community and Technical College in a last-ditch attempt to resolve a three-year-old dispute over a swimming pool. read


The U.S. Dept. of Justice saved $9.1 mil and 967 months by using ADR processes in 2014.

This data is based on detailed case reports submitted by the lead trial counsel in all cases in which a private neutral conducted an ADR process in Department litigation across the country. read


Mediation hailed as success in Finland

A form of family mediation known as the ‘conciliation technique’ has been hailed as a success in Finland. Instead of going to court, divorcing parents sit down with a judge and a psychologist or social worker with expertise in family breakdown, and they attempt to agree on an out-of-court solution to the family’s problems. read


Suit over child deaths at kindergarten in 2011 tsunami settled in mediation

A Miyagi Prefecture kindergarten and several bereaved families on Tuesday settled on ¥3 million in damages paid by the facility to each of the families of eight children who died in the massive tsunami unleashed by the Great East Japan Earthquake on March 11, 2011. read


Wichita to enter mediation with Crossland Construction over parking garage project

The city of Wichita is entering mediation with Crossland Construction over the parking garage project at Eisenhower National Airport. The mediation is the result of a dispute over compliance with the contract and the construction schedule, said City Manager Robert Layton. read


India: Mediation centres gain ground, over 100,000 cases solved in 10 yrs

Delhi has become one of the first cities in India to "effectively" reduce its pendency of cases through mediation, a procedure which is already a success in some foreign countries but is yet to gain momentum in India. The mediation centers in Delhi's six district courts have settled over 100,000 cases in the past ten years and have contributed significantly in bringing down the pendency in city courts. read


Singapore: New push for mediation in tenancy disputes

Tenants and landlords of commercial premises will be encouraged to resolve disputes through mediation under a new initiative by the Singapore Business Federation (SBF) and Singapore Mediation Centre (SMC). read


Mediation set for Nov. in Vikings stadium dispute

The public authority overseeing the new Minnesota Vikings stadium and the main contractor building it are headed for a three-day mediation session next month over disputed costs. read


A mediator is a conflict resolution specialist

How good it is to have a mediator, a trained conflict resolution specialist, to help you talk it out with the other people involved. To get to the heart of the matter, to turn what might have been sad, an economic loss, anger, a tragedy, to something of value, to something positive. And to do it quickly, not years later. read


Indiana BMV lawsuit headed to mediation

The lawsuit that accuses the BMV of overcharging drivers in Indiana for fees that include vehicle registrations is moving forward. A pair of developments could lead to a settlement in the case and as much as $50 million is on the line. That $50 million is taxpayer money that the state may be required to pay back. read


Mediation can help resolve business disputes

In our weekly series on legal matters, Clare Templeton, head of the commercial dispute resolution department at Walker Legal, considers how to solve problems without court action. read


Editorial: Mediation isn't prohibited by state mandated process

Although there is a formal process defined in state law concerning the revocation of a charter school's permission to operate, there is nothing to prevent a mediation process that would curtail what otherwise would be an adversarial process that could cost taxpayers millions of dollars in legal fees. read


AL Mediators see advantage in bypassing court action

A mediator can provide a cost effective and quick way to resolve commercial and domestic disputes, including divorces. read


By mutual consent, mediation or court: the three paths to divorcing in Japan

Here are some questions from a foreign resident here who is married to a Japanese citizen: “How does a foreigner get a divorce (no children involved) if the spouse refuses to sign a mutual consent decree? What are the fees, if any? What are the ramifications if the foreigner cannot afford the fees (if any)?” read


AU: Mediators to resolve toxic disputes in Victoria schools

Toxic disputes between parents and principals could soon be resolved by independent mediators in schools. As part of a new trial being run by the Victoria, AU Education Department, professional mediators will help Victorian principals resolve complaints that are "complex, serious and involv(e) conflict". read


Tensions at St. Cloud VA result in call for federal mediation

Tensions have become so high between management and workers at the St. Cloud Veterans Affairs Medical Center that two members of Congress on Friday proposed federal mediation to fix the problem. The acrimony became apparent during a closed-door meeting with workers and management at the St. Cloud facility Friday afternoon with U.S. Reps. Tom Emmer and Tim Walz. Emmer represents the district in Congress and Walz is a member of the House Committee on Veterans’ Affairs. read


Carter takes on peace-keeping mission, with the King siblings

To settle a long-running ownership dispute over their father’s Nobel Prize and Bible, the children of Dr. Martin Luther King Jr. have turned to a man who knows something about conflict negotiations: Jimmy Carter. The former president has agreed to serve as the King siblings’ mediator in a court battle over whether brothers Dexter Scott King and Martin Luther King III may sell their father’s possessions, Their sister, Bernice King, has argued the items are sacred and should remain with the family. read


Divorce Mediation Is an Appealing Alternative to a Court Fight

Couples who decide to end their marriage are often dealing with the most upsetting, stressful time of their lives, and the prospect of fighting tooth and nail in court to decide issues like child custody, visitation, and finances only piles on the emotional trauma. That’s why divorce mediation — a less costly, less stressful alternative to a contested divorce — is gaining in popularity. read


Trouble in Your Marriage? Try Mediation

The goal of mediation, however, is to resolve conflict, which has nothing to do with mental health. Mediation aims to help two (or more) parties find a mutually acceptable resolution to their points of difference or disagreement. It’s all about identifying goals and finding a way to achieve them that bypasses the inherent conflict. read


Negotiation Training: Turning the Lows of Colorado’s Marijuana Laws into Highs

On the heels of their successful statewide campaign to legalize cannabis, marijuana advocates began mobilizing for another fight. They began collecting signatures for another ballot measure, this one aimed at allowing citizens to vote on whether to legalize pot smoking in many Denver bars and restaurants. To the activists’ surprise, however, the Denver City Council approached them and asked to try to negotiate a solution instead.  read


Apple, Samsung agree to mediate California patent dispute

In a joint statement filed to a California district court on Monday, Apple and Samsung announced an agreement to participate in court-supervised mediation of their years-long patent dispute. read


Police, upset citizens mediate differences

Dayton Police Lt. Andrew Booher says a mediation program for police officers and citizens has been helpful in resolving problems and creating better understanding between officers and citizens. The city is among a small number of U.S. communities that give citizens opportunities to meet with police when they feel officers were rude, discourteous or behaved inappropriately. read

September 2015

Lagos Mediation Centre resolves 20,000 disputes in one year

The Citizens’ Mediation Centre (CMC) resolved about 20,000 of the about 28,000 disputes brought before it last year, the Solicitor-General and Permanent Secretary, Lagos State Ministry of Justice, Mrs. Funlola Odunlami, has said. read


Mediation increase reported by UK government

The number of mediation ‘starts’ increased by a third in the three months to June, the government has announced. In a new bulletin on legal aid statistics for the second quarter of 2015, the Ministry of Justice reports a 33 per cent increase in the number of times families at loggerheads began mediation, when compared to the same period last year. read


Hawaiian culture-based mediation won't be an option for those charged in telescope protest

A form of mediation based in Hawaiian tradition won't be an option for protesters arrested for blocking construction of a giant telescope. The state won't participate in the mediation known as hooponopono, said Josh Wisch, spokesman for the state attorney general's office. Hooponopono is traditionally used within families to work out differences, using prayer and discussion. Three defendants asked for the practice as an alternative to a trial. It seemed likely to happen after Hawaii County Prosecutor Mitch Roth supported the idea. read


Charleston church seeks $8 million for Yeager slide damage, mediation to begin

Yeager Airport officials are expected to begin mediation with representatives at the Keystone Apostolic Church in Charleston this week, following the massive hillside collapse that destroyed the facility earlier this year. read


Judges recuse themselves in court-ordered religious mediation case

The presiding Family Court judge in Albuquerque has recused herself from hearing any cases involving an Albuquerque mother who was court-ordered to attend religious-based mediation services. According to a court document obtained by KRQE News 13, District Court Judge Elizabeth Whitefield ordered all other Family Court judges to recuse themselves from hearing the cases as well. read


5 Myths About Divorce Mediation

Divorce does not have to be a battle. The only reason that tends to be the case is that most people only know of one thing they can do when they decide to divorce — hire attorneys and go to court. read


PA York County Commissioner Steve Chronister proposes mediation to end state budget impasse

York County Board of Commissioners President Steve Chronister proposes professional mediation as an end to the budget impasse at a news conference outside the York County Administrative Center in York Monday. The President of the York County Board of Commissioners proposed professional mediation as a way to fix the budget stalemate that is in its 90th day in Harrisburg.  read


Santa Clara judge orders parents of boy with autism, Sunnyvale neighbors into mediation

A Santa Clara County judge ordered the parents of a boy with autism, as well as their former Sunnyvale neighbors, into mediation. Those neighbors had filed a lawsuit saying the boy was a threat to their safety and did it as a last resort. read


Uber Loses Bid to Force Arbitration on California Driver

A former Uber Technologies Inc. driver defeated the company’s bid to force her into arbitration, a second victory after California’s labor commissioner said she should have been considered an employee. read


Oman, a crucial mediator in the Mideast, helps free hostages held by Yemen's Shiite rebels

The two American hostages, freed after months of being held hostage in Yemen's raging civil war, took their first steps to freedom down a staircase pushed against a gleaming Oman royal air force jet. It's not the first time a scene like this has played out in recent years as the unassuming sultanate of Oman wields its influence as one of the Middle East's most useful go-to mediators of thorny disputes. read


Editorial: Mediators insult NJ Transit riders

When four years of fruitless negotiations between NJ Transit and its union employees went nowhere, federal mediators stepped in and offered non-binding recommendations in the hope of breaking the impasse. read


Kenya: Replace Senate With Elders' Council to Offer Mediation in Times of Crises

If a council of elders existed, it would be the best bet to ending the damaging standoff between the teachers and the government. read


State's agricultural mediation program recertified by USDA

The South Dakota Department of Agriculture's agricultural mediation program has been recertified by USDA's Farm Service Agency. The department says mediation is an alternative method of resolving agricultural disputes. The department is authorized to mediate disputes that involve debtor and creditor, federal lands, oil and gas and water drainage. Certain areas of the mediation program are partially funded by a USDA grant. read


Mediation under way in Newark student suicide lawsuit

A judge is overseeing mediation in a lawsuit filed by the family of a Newark High School student who hanged himself hours after talking to a school counselor and acknowledging a previous suicide attempt just days earlier. Wednesday’s mediation involves a lawsuit filed against Christina School District officials in 2010. read


Owner wants mediation over rejected Bonita car wash

The owner of the company that has failed to win approval for a car wash in US 41 in Bonita Springs says he'd like to sit down with the city before a mediator and reach a compromise. read


California Supreme Court says 'yes' to arbitration clause

A recent California Supreme Court case upheld an arbitration provision in a sales agreement, even though it contained a class action waiver and multiple arguable terms. However, the court also reaffirmed that "unconscionability," meaning a contract provision is substantially unfair, is still valid grounds to challenge an arbitration clause. read


Resolving public record disputes in Ohio

Our mediation program assists (1) those who believe their request for records was improperly denied or was not responded to in a reasonable amount of time; and (2) local public officials who struggle with requests they see as ambiguous, overly broad, or difficult to fill. Anyone who has requested public records from a local public office, or a public office that has received a public records request, can apply for mediation so long as the requester hasn’t already filed a lawsuit. read


Frank Ochoa: Case for Alternative Dispute Resolution Often More Beneficial Than Lawsuit Route

Mediation is a process with deep historical roots, but with a fairly recent formal acceptance into our society’s dispute resolution processes. It is the least adversarial form of ADR. A neutral is engaged to work with the parties, to identify the issues underlying the dispute, to manage the dialogue between the disputants, and to help them arrive at a mutually agreeable resolution to the dispute. read


Christchurch's wheelie bin dispute resolved

An industrial dispute involving Christchurch's wheelie bin collection drivers is over. A number of wheelie bins were left uncollected for 24 hours last week when drivers refused to work overtime and clocked off at 2pm, leaving many bins unemptied. The drivers were upset about low wages and a lack of penalty rates for working more than eight hours a day. Waste Management and the Amalgamated Workers Union agreed to a resolution following seven hours of mediation. read


Why Mediation Helps Relationships

When conflict escalates, it can wreak havoc on personal and professional relationships, leaving more problems in its wake. Mediation can help. Mediation offers a way to work together on a solution that is mutually fair and sustainable. It helps you develop the skills necessary for maintaining healthy relationships at home, at work and elsewhere. read


An Enlightening Outdoor Mediation in Pennsylvania

Every once in a while something happens in the law so marvelous and entertaining that the first glass of wine at home in the evening is even more satisfying. That was my feeling after what may have been the first outdoor mediation in Pennsylvania's long and illustrious history. read


Jones-Drew civil case settled by mediation

Scheduled for a jury trial last week in St. Johns County, the civil case involving former Jacksonville Jaguars star running back Maurice Jones-Drew was settled instead. Jones-Drew was sued by former Conch House security guard Kasim Howard after an incident in which Howard was punched in the face. read


Mediation set for activist, Chattanooga police officer in Facebook squabble

A Chattanooga police officer and a local activist who got into a public squabble on Facebook late last year will sit down at the same table and talk things through. According to police records, that's part of the officer's discipline. read


Judge orders Utah GOP, state to find mediator in SB54 lawsuit

Wanted: Unbiased person with legislative, political and legal knowledge to referee the dispute over how Utahns choose candidates for primary elections. A federal judge Tuesday ordered the Utah Republican Party, the Utah Constitution Party and the state to come up with a mediator in their ongoing lawsuit, and to do it quickly. read


BC Supreme Court refuses exemption from mediation for Aboriginal fishing rights claim

The Supreme Court of British Columbia recently released a decision in Matsqui First Nation v. Canada (Attorney General), 2015 BCSC 1409, that has application to the resolution of Aboriginal rights claims, as well as the mediation of civil claims generally, before the Supreme Court of British Columbia. It confirms the very high threshold to be met in seeking an exemption from attendance at a mandatory mediation on the basis that it would be “materially impracticable or unfair to require the party to attend”. read


Energy Future Holdings – another major success for chapter 11 mediation?

Mediation has become an invaluable tool in large chapter 11 cases. Traditionally viewed as a means for resolving discrete disputes between a debtor’s estate and an adversary party, in recent years mediation in certain complex cases has evolved into a multi-party undertaking involving claimants from all levels of a debtor’s capital structure, with the ambitious goal of resolving the entire case through a consensual plan of reorganization. read


Settlement reached between Great Planes Airlines and BOK after mediation

A $15.69 million dispute stemming from a loan to Great Plains Airlines between the Bank of Oklahoma and the city’s airport was settled Monday for about 10 cents on the dollar after nearly nine hours of mediation at the Tulsa Hyatt Regency Hotel. read


Zuma tries mediation to stem job losses

Johannesburg - President Jacob Zuma yesterday met mining houses and organised labour to limit plans to shed thousands of jobs. However, analysts cast doubt on the impact of the meeting on limiting retrenchments, given the sector’s substantial challenges. read


Shanghai Launches First Online Mediation Court for Civil Cases

The first online mediation court was launched in a district court in Shanghai on Sept. 8 to hear cases involving mostly foreign litigants who cannot appear personally in court. read


California Moves Toward Ban On Mandatory Arbitration of Labor Claims

On August 31, the California Legislature passed AB 465, aiming to “ensure that a contract to waive any of the rights, penalties, remedies, forums, or procedures under the Labor Code”—such as an arbitration agreement—is “a matter of voluntary consent.” This bill, now before Governor Brown for his approval, raises two big questions: (1) will the Governor sign the bill, and, if he does, (2) to what extent would the new law be enforceable? read


IRS Eliminates Appeals Arbitration Program

The Internal Revenue Service has gotten rid of a rarely used program that was supposed to allow taxpayers to expedite the appeals process. The IRS issued Revenue Procedure 2015-44 on Tuesday, announcing the elimination of the Appeals arbitration program. The new revenue procedure obsoletes an earlier revenue procedure that formally established the Appeals arbitration program. read