The European Parliament has called for the immediate launch of a new EU mediation mission "at the highest political level" to secure a peaceful outcome to the current crisis in Ukraine. This is stated in a European Parliament resolution on the outcome of the Vilnius Summit and the future of the Eastern Partnership, in particular as regards Ukraine, which was voted during a plenary session of the European Parliament in Strasbourg on Thursday. "[The European Parliament] calls for the immediate launch of a new, fully fledged EU mediation mission at the highest political level, to achieve, and assist in, roundtable talks between the government and the democratic opposition and civil society and to secure a peaceful outcome to the current crisis," reads the resolution. In addition, the European Parliament expresses its full solidarity "with those demonstrating for a European future; and calls on the Ukrainian authorities to fully respect people's civil rights and the fundamental freedom of assembly and peaceful protest." read
A local radio ad has called attention to mediation and its advantages — or disadvantages. Contrary to the advertisement’s claims, mediation frequently results in a better understanding of dispute issues and legally binding agreements, at less emotional and financial cost than litigation. Mediation uses an impartial third-party to help people discuss their disputes, decide next steps and come up with solutions. Mediation is increasingly considered the appropriate dispute resolution process due to its cost-effectiveness, efficiency and ability to help people make decisions while resolving conflict constructively. read
The federal regulations for Individuals with Disabilities Act (IDEA) includes many provisions to protect the rights of parents and their child with a disability while also giving families and school systems means by which to resolve disputes. These rights are known as procedural safeguards. Parents have specific rights under this law to mediation under 34 CFR &200.506. Your school district must make mediation available to allow you and the school to resolve disagreements involving any matter under Part B of the IDEA. This includes matters which may have come up prior to the filing of a due process complaint. Mediation is available to resolve disputes whether or not you have filed a due process complaint requesting a due process hearing. If you have filed a due process complaint, mediation is typically offered as a potential way to settle these disagreements. read
Model helps resolve conflicts between family members and clinicians. A new project by the Medical Mediation Foundation, aimed at breaking down tension between family members and health professionals when there is a disagreement about a child's course of treatment, is in full swing at Evelina London Children's Hospital, The Guardian reported. Noting the importance of communication between caregivers to a child's recovery, the Evalina Resolution Project offers mediation at the request of parents or staff members, and trains hospital personnel in stress management techniques. It also teaches staff how to recognize triggers for conflict and ways to rebuild trust when a situation deteriorates, the article states. More than 90 staff nurses have completed training sessions, with doctors set to begin training this month. The sessions help staff think about issues from the parents' perspective and reflect on how their actions impact them, according to the article. read
Lord Justice Briggs says that: “This case sends out an important message to civil litigants, requiring them to engage with a serious invitation to participate in ADR, even if they have reasons which might justify a refusal, or the undertaking of some other form of ADR, or ADR at some other time in the litigation. To allow the present appeal would, as it seems to me, blunt that message. The court’s task in encouraging the more proportionate conduct of civil litigation is so important in current economic circumstances that it is appropriate to emphasise that message by a sanction which, even if a little more vigorous than I would have preferred, nonetheless operates pour encourager les autres.” read
Escalating conflicts have the potential to impact on care of patients and all others on a unit. A project run by the Medical Mediation Foundation and funded by the Guy's and St Thomas's charity aims to prevent conflicts escalating into crises. The project was launched at the Evelina London children's hospital in January, to support families and health professionals where there is disagreement, tension and anger surrounding a child's medical care. read
In the field of Alternative Dispute Resolution, mediators, among other things, help people in dispute come to a mutually acceptable resolution about issues they do not agree on. Each party typically holds a disparate perspective from the other on what constitutes an appropriate settlement. By the time they get to talk it out in the mediation process to see if they can resolve matters, they have often become entrenched in their positions and the relationship is suffering. read
Professor S.I. Strong, Associate Professor at the University of Missouri School of Law (and a friend of this blog) has published “Beyond International Commercial Arbitration? the Promise of International Commercial Mediation,” 42 Washington University Journal of Law and Policy, 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2013-21. In her article, Professor Strong examines the role of mediation in international business disputes. read
Los Angeles County called in a mediator as a strike by social workers over caseload size reached its fifth day. Striking social workers jammed the hallways outside of L.A. County Supervisor Gloria Molina’s El Monte field office Monday. The supervisor and her staff were out, but the strikers chanted and paraded past the door to make their presence known. “This is worth it. It’s all worth it,” said one striker. “It’s all about childsafety for us.” Striking workers insist they will return to work if the county will put in writing a guarantee of smaller caseloads, limiting the number of cases to 20 to 25 from the nearly 30 to 40 they have now. The county says they are not ready to put that in writing. read
Legal professionals got together at Exeter County Court during Dispute Resolution Week to highlight the fact that legal aid is still widely available for family mediation. Family mediation allows families to resolve disputes after separation in a cost effective way. Judge David Tyzack QC told mediators from a variety of firms across Devon: “The judiciary are very much in favour of families resolving their own arrangements and we encourage all families to consider mediation before setting off on court proceedings. “Legal aid is still available for mediation and for legal advice in support of mediation. read
Why Mediation Works Michael Roberts We are in the midst of a litigation crisis. The high cost and long delays associated
with the trial of civil matters often make litigation an impractical method of resolving
disputes. It is not uncommon for the attorney's fees, expert witness fees, jury fees, court
reporter fees and other related costs to exceed the amount in dispute.
What Does A Mediator Do? Edward P. Ahrens Okay, we know you can't make decisions. We know you can't issue orders. ('I'm not a judge or an arbitrator, blah, blah, blah.') We know you can't take sides, must always remain neutral. And we know you can't give us legal advice. And then you tell us mediation is a consensual process. Bummer. Now the other side can walk at will!
"So, what in the hell DO you do?"
The “What” of Mediation: When Is Mediation the Right Process Choice? Paula Young As mediators, lawyers, and their clients gain more experience with mediation, fewer and fewer types of disputes will seem less amenable to the process. Even if mediation only succeeds in improving the parties’ communication, in identifying their underlying interests, in narrowing the issues in conflict, or in helping them more carefully evaluate their litigation option, it can move the dispute towards a quicker, more cost effective resolution. 1 Comment
Mediator Neutrality: How is it possible? Rachel Fishman Green, Esq. How could a mediator be neutral about your situation when you are getting divorced? Surely one of you is right and the other is wrong! If you know in your bones – and all of your friends agree – that you are right, you may think that mediation would not make sense for you, because you don’t want to compromise. 25 Comments
Mediation: A Process To Regain Control of Your Life Nathan Davidovich Mediation provides a method for people with disputes or conflicts to exercise their own choices and discretion and to regain a sense of control over their lives in resolving disputes. It is a means by which you can be an active participant in the decision making process and have direct involvement in the determination of your destiny.
Why Mediation? Lawrence A. Huerta While the benefits of mediation vary somewhat depending upon the nature of the dispute, and model of mediation applied, the following are some of the benefits typically associated with mediation.
Choosing A Divorce Mediator Julie Denny Finding and selecting a mediator can be easier if you follow some simple steps. In the best of circumstances, divorce is an uncomfortable process. Take the time to assure you have a mediator whom you like, respect and believe to be qualified to help both of you negotiate that equitable settlement.
Choosing the "Expert" Mediator Norm Brand When a dispute is truly ripe for mediation, who you choose to mediate is unlikely to affect the outcome. Frequently, however, who you choose to mediate can be critical to making mediation work.
Advocacy Skills: Tips for Selecting a Good Mediator Jerry Roscoe With several sources for professional mediators, the advocate often struggles with criteria for mediator selection. Selection criteria are all too often limited to mediation experience and settlement rate. If you are in the market for a mediator, your mediator selection process may benefit if you consider the following additional criteria:
Styles of Mediation: Facilitative, Evaluative, and Transformative Mediation Zena Zumeta Mediators around the country find themselves uncomfortable with what is being called mediation in their own and other areas. Accusations are made that one or another approach to mediation is not “real” mediation or are not what clients wanted. In addition, many clients and attorneys are confused about what mediation is and is not, and are not sure what they will get if they go to mediation.
The Narrative Approach to Mediation Toran Hansen Narrative Mediation carries with it both a certain perspective and methodology. It is a specific model developed out of the tradition of Narrative Family Therapy and, as such, represents a uniquely therapeutic approach to mediation. It challenges the mediator to acknowledge and take on assumptions made by conflict parties in creating personal and societal-level stories, make them explicit, and give the parties the power to change them through mediation. 7 Comments
Getting A Divorce? Why You Should Not Just Fight It Out Mimi E. Lyster Many have traveled the adversarial road, and probably for many of the same reasons.
Constant fighting, arguing and blaming in a marriage or similarly committed relationship generally leads to more of the same while dissolving it. Unfortunately, the consequences of continuing this behavior can be dramatic, including protracted litigation, escalating costs, a dramatically reduced standard of living and significant damage to your children’s emotional well-being.
Construction Mediation Really Works Gary Morgerman The use of mediation
to resolve disputes between members of the construction community is finally
taking hold in the industry as word of its effectiveness, efficiency and
economy spreads. Following is the story of a construction mediation mediated
by Construction Mediation Inc in New York City.
Estate Planning and Family Business Mediation Laura Bachle Unlike J.R. Ewing in Dallas, controversy arises among families and business owners more often as a result of misunderstanding than malevolent motives. When people get beyond the resistance and begin working together on an estate plan MOU or partnership charter, they discover that openly dealing with issues lessens the likelihood of misperception, builds trust and confidence, and improves their chances for long-term success.
The Allagash: A Case Study of a Successful Environmental Mediation Jonathan W. Reitman What are the elements which make possible the successful mediation of an environmental dispute? In this article, Jonathan Reitman analyzes what conditions led to the resolution of a 33-year-old controversy about the management of the Allagash Wilderness Waterway in northern Maine. The polarized dispute involved wilderness canoeists, sportsmen, environmental organizations, local residents and state and federal regulators. Their recent negotiated agreement was hailed as "comprehensive and visionary." The mediator who facilitated the negotiations reflects on lessons learned.
ADR in Healthcare: The Last Big ADR Frontier? Rob Robson, Ginny Morrison You are probably saying to yourself “What a strange title.” This seems especially true when you consider that dispute resolution and conflict management (DR/CM) practitioners are a fairly flexible, adaptable and imaginative group. Surely there will be lots of new “frontiers” left for us to conquer in the future?
Cyber-Mediation: Medium Massaging The Message Robin M. Kennedy, Jon Michael Gibb, Llewellyn Joseph Gibbons The course of ecommerce is not always smooth. Disputes are inevitable. These disputes will have to be resolved if ecommerce is to develop to its full potential. Alternative Dispute Resolution (ADR) is a range of processes for resolving online disputes. Businesses and consumers who engage in ecommerce are often more willing to mediate than to arbitrate their disputes in an online forum because mediation is a voluntary process in which a third-party facilitator assists the parties to the dispute to arrive at a mutually agreed upon resolution.
How Mediation Can Help Same Gender Relationships Barry Simon Since same gender couples cannot legally marry yet in most states and
foreign countries, how can they formalize their relationships? By using
a "Living Together Agreement." In this way they can couple consciously
in an attempt to create a solid foundation on which to build their
relationship. It's the perfect tool for sweeping away false expectations
and building honest, authentic communication. 1 Comment
Mediation in Sexual Harassment Cases Tim Hicks Mediation can provide an ideal setting in which the complainant can accomplish the primary aim of stopping the behavior. Without such a mechanism for dealing with the situation, the complainant has only two choices: go through the process of a formal complaint and investigation, or do nothing. These options often do not meet the needs of the employee or the organization. 1 Comment
Preparing For Your Mediation Tom Sebok It is likely that you asked for or agreed to mediation because the strategies you have already tried have not helped you resolve your dispute. The purpose of this article is to help you think - before your mediation - about what you can do as a participant to give your mediation the best chance to succeed.
Reframing: The Essence of Mediation Peter Blanciak The thesis of this article is that the
psychotheraputic technique of reframing is central to
effective mediation. Several mediation scholars'
theories are examined under this thesis. These
theories include the use of symbols, deception, active
listening and dramatic frames.
Managing an Imbalance of Power Rick Voyles One technique I often get requests to train on is managing an imbalance of power. There are effective techniques for handling power imbalance, however before we go too far, let’s consider what is an imbalance of power?