Mediation Today
July 2017
7/26
 

Connecticut State Department of Education Releases Lists of Due Process Hearing Officer and Mediators and New Process for Mediations

After an extensive interview and hiring process, the Connecticut State Department of Education (“CSDE”), Bureau of Special Education, released last week the list of new mediators and current due process hearing officers. The hiring of new mediators was prompted by a directive from the Office of Special Education Programs (“OSEP”) that mediators used pursuant to the procedures required by the Individuals with Disabilities Education Act (“IDEA”) not be employees of the CSDE. read

 

Mediator to hear case of teen injured with stun gun by Independence police officer

A federal lawsuit that alleges a former Independence police officer nearly killed a teenager with a stun gun during a 2014 traffic stop has been scheduled for mediation with a former Jackson County Circuit Court judge. read

 

Millennial Mediator: 37-Year-Old Financial Advisor Leads Couples Through Tough Divorce Choices

“We’re really working with a client during an emotional period, making sure that we understand them and are sensitive to them, but also really helping empower them to make financial decisions that are beneficial to them and not just emotional,” read

 

Mediation set for Georgetown sinkhole lawsuit

City of Georgetown representatives will try to reach a settlement with the defendants in a lawsuit the city first filed in September of 2014 regarding sinkhole damage to City Hall and Fire Station No. 1. read

 

Mediation program returns to make a difference in Fallsburg

Fallsburg Justice Court clipped through 44 cases in 90 minutes Tuesday night, less than half what it used to take. How? According to Town Judge Amanda Ward, there’s a new order in the courtroom thanks to the return of a mediation program offered through the Dispute Resolution Center. read

 

United Nations activities in support of mediation - Report of the Secretary-General (A/72/115) [EN/AR]

In its resolution 70/304, the General Assembly requested the Secretary-General to submit a report to the Assembly at its seventy-second session on United Nations activities in support of mediation in the peaceful settlement of disputes, conflict prevention and resolution. The present report is submitted pursuant to that request. read

 

Why Choose Mediation Over Litigation?

Going to trial should be considered a last resort after you have resolved all other alternatives. And there are alternatives, some of which are more effective than others. read

 
7/19

Macron strides global stage as mediator par excellence

Particularly with his warmth toward Trump and Netanyahu, Macron defied the overwhelming opinion of French voters. read

 

Going into a Mediation? Here's what you need to know

For anyone going through a not-so-friendly divorce – or just about any dispute that promises huge attorney fees - chances are good that someone will suggest giving mediation a try. And, just what is mediation? read

 

Sewer dispute mediation in August

Representatives of both the Washington County Commissioners and Marietta City Administration and Council are breaking open their August calendars in an effort to mediate the sewer dispute. read

 

Mediation.com Refuses Refund to Family of Mediator Who Died

Mediation.com has once again revealed itself in refusing to offer any refund to the widow and child of a mediator who died 7 days into an alleged 2 year listing contract.

 
7/11

Gov. Signs Wieckowski Bill Clarifying Family Law Disclosures in Mediation

State Senator Bob Wieckowski’s bill clarifying that current mediation confidentiality statutes do not apply to legally-required financial disclosures in family law cases was signed into law today by Governor Jerry Brown. The bill codifies an appellate court ruling from 2014. read

 

Civil suit against DuBois priest heading to mediation

A civil case between a DuBois woman, two local parishes and the Roman Catholic Erie Diocese has been scheduled for mediation later this month. Kathleen Clement filed suit in U.S. District Court in Erie May 2016, claiming that the Rev. Daniel Kresinski, who is in his early 70s, repeatedly touched himself inappropriately when the two had meetings. read

 

The Who, What, Where, Why and When of the NJ Committee on Mediation Standards

The New Jersey Supreme Court earlier announced the publication of Standards of Conduct for Mediators in Court-Connected Programs. The court also announced the creation of the Advisory Committee on Mediator Standards. Its purpose is to assist mediators who seek advice relating to the standards and to monitor complaints against mediators involved in court-sponsored mediations. I offer this article to promote awareness and deeper understanding of the complaint process. read

 

Foreclosure mediation back in Nevada, July 11 deadline for some

Foreclosure mediation is an option once more for distressed Nevada homeowners but some will need to act fast in order to qualify. read

 

Florida Mediators in Fiery Debate Over Credentialing

Mediators across Florida are used to resolving heated disputes — but this time, the argument is amongst themselves. The two groups at loggerheads: those who believe everyone mediating cases filed in state courts should be certified by the Florida Supreme Court, and those who are vehemently opposed to that idea. read

 
7/06

CJEU holds that mandatory mediation is not inherently precluded by EU law

The Court of Justice of the European Union (CJEU) has concluded that national legislation imposing mandatory mediation as a pre-condition to litigation is not precluded by the EU ADR legislative framework, provided that the parties are not prevented from exercising their rights of access to the judicial system. read

 

Lawyers Oppose Mediation Rule Change, Call for Rejection

The Florida Supreme Court's Committee on Alternative Dispute Resolution Rules and Policy has proposed rules that eliminate self-determination in one of the most important aspects of your mediation: the selection of the mediator of your choice. read

 

Supreme Court Rules In Favor Of Nursing Home Arbitration Agreements

In Kindred Nursing Center Ltd. Partnership v. Clark, the United States Supreme Court recently continued its protection of arbitration agreements by holding that the Federal Arbitration Act (FAA) preempted a Kentucky "clear statement" rule that disfavored arbitration agreements. read

 

Istanbul conference looks to promote mediation

Turkish Foreign Minister Mevlut Cavusoglu told a UN-backed conference that rising attacks on Muslims in Europe revealed the need for more focus on mediation. “Prevention is key,” Cavusoglu told the fourth Istanbul Mediation Conference. “Building capacity must be a priority,” More than a hundred experts, diplomats and scholars from around the world took part in the conference, which was also addressed by UN Secretary General Antonio Guterres. read

 
7/05

What does neighbor-to-neighbor mediation mean for a city?

Taking complaints from cops and courts and putting the people behind them in rooms with mediators is more effective, saves time and money for taxpayers in the long term and leaves both sides happier. read

 
June 2017
6/27

Trump's disdain for diplomacy is making the world more dangerous

The US president’s preference for public bellicosity and instant military action has potential to cause a lot of damage. read

 

Hadassah Medical Center crisis: Supreme Court forced intensive mediation process

Today, the Israeli Supreme Court offered an intensive mediation process to solve the Hadassah Medical Center crisis. However, after the parents of the sick children refused, the Supreme Court decided to force the process. read

 

Is there a better way to handle neighbor disputes?

Disputes between neighbors can get awfully ugly awfully fast if left unresolved. read

 

Trump Picks Second Republican to Seize Mediation Board Power

President Donald Trump unveiled his choice to fill a second Republican spot on the National Mediation Board in a move to place the three-member panel under GOP control. read

 

Practitioners, Clients Weigh Benefits of Cross-Border Mediation at Bar Panel

Veterans of mediation involving global companies said clients with a solid case may have all the more reason seek out a neutral mediator before spending a fortune in legal fees. read

 

Over parents’ opposition, court orders mediation in Hadassah hospital crisis

Ex-Supreme Court judge Rubinstein will try to resolve dispute surrounding children’s cancer unit read

 

Ask Amy: Divorce mediation or take it to court? - Ithaca Journal

"Being a good and stalwart parent will bring you joy. Dropping the pretense about your marriage, and living well and authentically will be the best revenge." read

 

Penn Hills School District: Student mediation program nets fewer fights

A Penn Hills School District initiative aimed at preventing or controlling confrontations between students is reaping improvements in behavior, officials say. read

 

Palestinian teacher suit against Hunterdon Central in mediation

A federal court battle is headed into mediation between Hunterdon Central High School and a Palestinian teacher who said she was discriminated against by the school district because of her religion, nationality and race. read

 
6/19

Mediator: Listen actively to resolve conflicts

Resolving conflicts takes time and energy — along with teachable skills. Farah Greenwald, a trained mediator with Central Mediation Center, looks at resolving conflicts through two methods: Interest versus positions. read

 

Judge expresses hope for mediation in Kilkenny dispute

A judge has expressed hope for a successful mediation of a bitter dispute between a son and his mother concerning ownership of the well-known Kilkenny group of luxury design retail stores, employing 300 people. read

 

Mediators provide boost to the court system

“They really do save the court a lot of time . . . and it’s not just here. It’s throughout the state of Florida.”

  read

 

Australia: Mediation: alternative dispute resolution in family law

Mediation is the dominant feature of today’s family law landscape. Mediation is no longer ‘Alternative’. read

 

Embrace Failure: Get A Good Result in Mediation

Instead of going into a mediation like it’s “déjà vu,” try to think about it as “vuja de.” In other words, it won’t be the same as it has been before. read

 
6/13

New Program Offers Mediation Services for Caregivers, Elderly

Ku?ikahi Mediation Center and West Hawai?i Mediation Center, in partnership with Hawai’i County Office of Aging, have partnered to launch a new program providing mediation and conflict resolution support services for kupuna, caregivers and families on Hawai?i Island. read

 

San Jose Council Members Want to Earmark Extra $150000 for Landlord-Tenant Mediation

Two elected officials in San Jose want to earmark an extra $150,000 from the city’s budget to expand mediation services for tenants and landlords. read

 

Using the full strength of your case in mediation

The arguments that you use and the presentations that you make to persuade the other party to recognize the strength of your case should be as strong and as well supported as they would be for trial. read

 
6/06

Mediation eliminating divorce trials in Whitman County
Judge finds few takers for his efforts to educate youth about courts divorce trials in Whitman County. read

 

Making Critical Decisions in the Mediation Process
The use of mediation in connection with civil disputes seems to be alive and well in Connecticut judging by a number of indicators read

 

Bringing the voice of the child into mediation
Understanding a child’s perspective can be helpful for separating spouses using mediation for custody and access disputes, says Oakville family lawyer and mediator Cathryn Paul.

 

Leading General Counsel Mull Over Mediation

Top legal officers from Visa, Assurant, Estee Lauder and Fluor Corporation discuss the potential use of mediation in acquisitions and other business ventures; the use of “stand by” mediators; and what they look for in a mediator read

 
May 2017
5/31

Old Y remains in limbo as Grays dispute post-mediation agreement signed in November

Six months after signing a post-mediation agreement with the city of Frankfort, John and Martha Gray are continuing to correspond with the city over the old YMCA building on Bridge Street, leaving the structure’s future in limbo. read

 

LETTER: Trump failing mediation board

The National Mediation Board doesn’t have the required number of majority Republican members? New members have yet to be nominated? What’s the deal here? Many Americans voted for Donald Trump because they thought he was a competent businessman, a good administrator of his far-flung business interests. Looks like he dropped the ball on the National Mediation Board. read

 

Mediation: dragging your feet will cost you in UK

Parties receive considerable encouragement by the courts to mediate. Recent Court of Appeal decisions reinforce that approach. read

 

Mental Health and Mediation of Workplace Disputes

I have recently been asked if resolving workplace disputes by mediation is still viable if one of the parties is suffering from mental health issues. The quick answer is that it makes use of that process even more desirable, but this being Mental Health Week, let’s take a closer look. read

 

Judge Orders Preservation of Mediation Notes in Gender Bias Suit Against Proskauer

In a rare move, a federal judge in Washington, D.C. has issued an emergency order to preserve the notes of a mediation session in which an attorney from Proskauer Rose allegedly threatened a female partner who is now suing the firm for gender discrimination. read

 
5/22

Lake and Sumter counties seeking claim mediators

TAVARES – The 5th Judicial Circuit is looking for volunteer mediators for Lake and Sumter counties to help settle claim disputes outside the courtrooms. read

 

Nonprofit View: What makes Community Mediation 'community?'

The Carroll County Community Mediation Center (CCCMC) is one of 17 community mediation centers in the state of Maryland. read

 

Puerto Rico creditors open to mediation in bankruptcy court

Puerto Rico's main creditors, meeting before a U.S. bankruptcy judge in the largest public finance restructuring case in history, are interested in continuing mediation settlement talks to resolve the island's unpayable $70 billion debt bill. read

 
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