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The Mediate.com Weekly

May 14, 2013 #479 - Membership information

In This Issue:

Expectation and Regret - A Look Back At How Mediation Has Fared In The U.S. • Lincoln Unchained: A Principled Hardball Negotiator For the Ages - Film Review • Legal Mediation News • Can a Med-Arb Serve in Two Processes? • International Mediation Developments • Online Mediation: If the Shoe Fits • Fourth and Goal: How The 2011 NFL Season Was Saved • From Behind the Glass: Mandatory Family Law Mediation • Update on Home Foreclosure Mediation • Mediation Case Law Video: Divorce Agreement Complications • International Mediation Developments •Job Center • Blog Postings • Events Calendar

Expectation and Regret - A Look Back At How Mediation Has Fared In The U.S.
Peter Adler
In May 2013, I gave a keynote talk to the Civil Mediation Council in London for their 7th National Conference. The question I was asked to address was: “What should we in England learn from the U.S. mediation experience?” Said differently, what might others profitably take from the explosive growth of court, community and privately offered mediation over the last 25 years in the U.S.? What hindsights can we offer now that, by some measures, both countries have succeeded in marrying mediation into their civil law systems and legal cultures and what regrets and appreciations do Americans hold?

Lincoln Unchained: A Principled Hardball Negotiator For the Ages - Film Review
Robert Benjamin
“Lincoln” is worthy of admission to the elite pantheon of excellent films, few in number, that focus on negotiation. More than merely a well-drawn historical drama, as some have characterized it, the film pushes beyond the simplistic mythology of Lincoln as the great emancipator and savior of the Union to examine the reality of what is required to negotiate difficult human events. Not surprisingly, little has changed in the intervening 150 years, which makes the film deserving of careful review by teachers and practitioners of negotiation and mediation.

Legal Mediation News - May 2013
Keith Seat
Here is another in a series of legal mediation news updates by Mediate.com News Editor, Keith Seat.

Can a Med-Arb Serve in Two Processes?
Laura Lozano
Med-Arb is a controversial hybrid of two processes in which parties first go to mediation, and if the process is not successful, they arbitrate. In the “pure” form, the same Neutral assists both processes. But how can an arbitrator who has held discussions with the parties satisfy the requirements of “impartiality” and be a “fair arbitrator?”

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International Mediation Developments - May 2013
Keith Seat
This is another in a series of articles on international mediation updates by Mediate.com News Editor, Keith Seat.

Online Mediation: If the Shoe Fits
Negeen Rivani
As the Internet expanded the opportunities for transactions among buyers and sellers from different counties, several roadblocks emerged during disputes, including the expense of filing a lawsuit in a foreign country, the complex jurisdiction issues, and the distances involved. In response, an online forum surfaced as the most efficient way for the two parties to resolve any potential conflicts. Skeptics of online mediation have resisted the new forum due to the inability to communicate face-to-face and the lack of familiarity with the cyber-environment. Today, however, online mediation is no longer perceived as an experiment. As a matter of fact, the cyberspace model of online dispute resolution has expanded its disputes from simple e-commerce transactions to cater to a wide array of disputes.

Fourth and Goal: How The 2011 NFL Season Was Saved
Judd Larson
The National Football League (“NFL”) labor dispute lasted over 130 days. The specific dispute was a labor controversy over revenue sharing, and effective negotiations were the only thing that allowed the 2011 NFL season to proceed.

Fieldwide Survey of Volunteer Mediators
You are encouraged to complete the Fieldwide Survey of Volunteer Mediators. This survey is designed to inform ongoing discussions about volunteerism within ADR, as well as to inform the design of future volunteer opportunities. Requiring only 10 minutes, the survey is open to all mediators who have served in a volunteer capacity at least once within the past 12 months. Those who complete the survey can request an Executive Summary of its analysis. Take the Survey or Read More.

From Behind the Glass: Mandatory Family Law Mediation
Amanda Fletcher
This article sets out a plan of attack for how an attorney can effectively advocate for their client in a mandatory family law mediation setting where the attorney is excluded from the mediation session.

Affordable Custom Web Site Development – Comprehensive Service
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Update on Home Foreclosure Mediation
Keith Seat
This is another in a series of updates on home foreclosure mediation developments within the United States by Mediate.com News Editor, Keith Seat.

Mediation Case Law Video: Divorce Agreement Complications
James Coben
In Guthrie v. Guthrie, the validity of a divorce agreement was called into question due to one party's state of mind at the signing. A complicating issue was husband's death during the proceedings.

Mediation Case Law Video: Does Involvement of a Mediator Help Ensure Class Action Settlement?
James Coben
In Kakani v. Oracle Corp., the appellate court rejected the assertion that the involvement of a mediator helps to prove lack of collusion.

Pepperdine School of Law - Straus Institute for Dispute Resolution
26th Annual Professional Skills Program - Malibu, CA – June 20-22
Choose one course to attend:

Advanced Mediation Skills and Techniques
“STAR” A Systematic Approach to Mediation Strategies
Family Law Mediation
Mediating Complex Construction Disputes
Tools of Mindful Awareness
Apology, Forgiveness, and Reconciliation
Preventing Bad Settlement Decisions and Impasse
Strategic Negotiation Skills
Mediator Boot Camp- New Course!
Elder Care Mediation- New Course!
Conflict Resolution Consulting- New Course!

Contact Lori Rushford at (310) 506-6342 or see website.

This Week’s Mediation News (read at: www.mediate.com/Today)

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.
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."
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.
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.”
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.
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 All Mediation News

Featured Blog Posts – (read all Blogs at www.mediate.com/Blogs)

Using Mediation to Resolve Tax Disputes
by Rafal Morek
Arbitration and the Power Sector in Brazil
by Gilberto Giusti, Pinheiro Neto Advogados, José Roberto Oliva Junior and Ricardo Dalmaso Marques
In Mediation: Four Things Really Matter
by Peter Coleman
Nice Guys Fight on a Plane
by Dan Simon
Arbitration in India
by Peter Phillips
Montana Overwhelmed by Record Number of Cases; Looks to Innovate
by Jennifer Shack
To Resolve a Dispute, the First Step is to Assess Your Options
by Michael Zeytoonian

Read All Blogs

Jobs(for Premium Members) - Post Jobs: Here

Negotiations Paralegal – NY
Middle East Academic & Human Rights Consultant – OR
Mediation Program Statewide Director – NY
Mediation Analyst – TX
Director of Foreclosure Mediation – IL
Director of Human Rights – NY
Director of Youth and Mediation Agency – CA
Executive Director – many locations
Mediation Assistant – WA
Conflict Manager Practitioner – Canada
ADR Regional Director – NY

Read All Jobs

Training & Conference Calendar

May 15-18 – Sausalito, CA – Fundamentals of Elder/Adult Family Mediation
May 17-18 – Emeryville, CA – Two-day Basic Interdisciplinary Collaborative Training
May 17-23 – Victor, NY – Family & Divorce Support II
May 18-26 – San Francisco, CA – The Basics of Mediation – 40 hours
May 20-24 – Grand Forks, ND – Weathering the Workplace Storm
May 20-22 – Denver, CO – 24hr Transformative Mediation Training
May 21-22 – Los Angeles, CA – Managing High Conflict Situations in the Workplace
May 29-June 4 – Salt Lake City, UT – 40-hr Basic Mediation Training
May 29-June 2 – Los Angeles, CA – AFCC 50th Anniversary Conference
June 3 - San Marcos, TX – The Intersection of Mediation, Low Income Parties and the Social Welfare System
June 3-7 – Macon, GA – Domestic (Divorce) $ Family Mediation Training
June 5-20 – Ellicott City, MD – Basic Mediation Training
June 6-8 – Los Angeles, CA – Streamlined Collaborative Protocols
June 7-10 – Northampton, MA – Conflict Management Coaching Training
June 7 – San Francisco, CA 3rd Annual San Francisco Peacemaker Awards
June 10-11 – Rome, IT – 2nd International Congress on Transformative Mediation
June 10-13 – Dallas, TX – Basic Mediation Training (40 hours)
June 11-29 – Santa Ana, CA – Community Service Programs Inc.’s 40-hour basic mediation training
June 11-12 – Uncasville, CT – Alternative Dispute Resolution ExecuSummit
June 13 – Savannah, GA – Find Your Mediator Passion; Craft Your Niche and Get Rich
June 14-18 - New York, NY – Advanced Commercial Mediation Training
June 16-18 – Montreal, CAN – ODR 2013 Montreal

Visit Training & Conference Calendar

Editors: Jim Melamed and Clare Fowler. We welcome comments and feedback. Send your comments to editor@mediate.com.

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