When Pietro Parolin was appointed last year by Pope Francis as the Vatican’s secretary of state, the Cardinal said he had been entrusted with a “difficult and challenging mission”. The Italian mediator’s diplomatic skills will be tested fully as he seeks to act as a “good faith witness” in talks that resume on Tuesday between Venezuela’s government and members of its opposition aimed at ending the violent unrest that has left at least 41 people dead in the country over the past two months. read
The current round of peace negotiations between Israel and the Palestinians is on the brink of collapse, with each side accusing the other of failing to live up to previous commitments. Thus, after nine months of fruitless negotiations and the U.S.'s overly ambitious assessment that a deal could be reached within that time frame, Israel and the Palestinians are back where they began. read
Forthcoming changes to the family law in England and Wales amount to a “revolution”, the President of the Family Division has claimed. In the recently published 11th View from the President’s Chamber, Sir James Munby said: “Central to this revolution has been – has had to be – a fundamental change in the cultures of the family courts. This is truly a cultural revolution.” The family courts stand “on the cusp of history” and the changes due on April 22nd mark “the largest reform of the family justice system any of us have seen or will see in our professional lifetimes.” read
Two former Hall County Sheriff’s Office employees have entered into mediation with three then-inmates alleging civil rights violations in a Dec. 22, 2010, incident at the jail. Plaintiffs Devonta Wise, his brother Mautious Wise and Russell Green are suing the sheriff’s office, ex-jailer Dustin Charlton and then-Jail Capt. Mark Bandy, alleging their federal civil rights were denied. All three plaintiffs were being boarded in from Fulton County. Their suit alleges the employees were physically abusive, denied them medical care and called them disparaging names, including “trash that Fulton County did not want,” in violation of state law and the U.S. Constitution: the First Amendment right to express concerns about subpar treatment at the jail, cruel and unusual punishment under the Eighth Amendment and excessive force and mistreatment based on race in violation of the Fourteenth Amendment. read
Firms in four cities have kicked off a national mediation initiative designed to help separating couples and demonstrate to lawyers the commercial viability of providing the service. Lawyer Supported Mediation has been set up by trained mediator Marc Lopatin (pictured) with ‘mediation hubs’ in Leeds, Newcastle, Manchester and London. Two more cities will join later in the year. The initiative is launched ahead of a change to the law making it compulsory for separating couples to attend a mediation information and assessment meeting (MIAM) before issuing family proceedings. The change is introduced on 22 April, under section 10 of the Children and Families Act. read
UK: Mediation Information and Assessment Meetings (MIAMs), were first introduced in April 2011, but they weren’t compulsory back then and referrals to mediation have fallen dramatically since. But from 22 April 2014, if you are considering making an application to the court about your children you will most certainly need to know what they are, who can provide them and if you need to have one before issuing court proceedings (and in most cases you will). MIAMs are designed to ensure that couples are aware of mediation as a potential way to resolve their problems outside a courtroom. A MIAM is a meeting with a mediator in which the couple is provided with information about the mediation process and the legal framework that applies to their situation. It is a formal assessment of mediation’s suitability for their individual case. read
Venezuelan President Nicolas Maduro has agreed to talks with the opposition – with the Vatican as mediator, Reuters reports. CNN's Christiane Amanpour asked President Maduro about this very idea - of having the pope as mediator - when she interviewed him exclusively last month in Caracas. read
STB's decision announced Monday, April 14, 2014, notes BNSF filed a letter in September 2013 stating the railroad "is more than willing to engage in three-carrier discussions" to resolve outstanding access issues. STB's decision emphasizes, "The Board favors the resolution of disputes through mediation in lieu of formal Board proceedings whenever possible." STB will appoint a mediator, but notes the Class I railroads involved "may choose to hire a non-Board mediator" as long as the STB is notified within 10 days of the decision. read
Long awaited Turkish mediation legislation was implemented in 2013 and regulates the terms and conditions for mediators and mediation. This law has been brought into force within the frame of harmonization of Turkish laws with EU legislation. Only the persons which fulfill the requirements stated by the Mediation Law may practice the profession as mediator. In Turkish law system, the use of this alternative dispute resolution may be decided by the parties freely and they are subject to equal terms and conditions during the whole mediation process ("equality principle"). Other principles concerning the mediation are: Ban on advertising of mediators; Confidentiality: Obligation to exercise diligence and principle of objectivity and independency; Duty to provide clarification of parties about the mediation period, its legal principles and legal conclusions; and a Duty to keep the documents. read
Yet another former LandAmerica employee is taking a legal swing at the collapsed company’s heavy hitters. A lawsuit filed March 20 against 15 former LandAmerica executives and directors seeks to blame them for losses suffered by the company’s pension fund during and in the wake of its downfall in 2009. It’s the second such case filed in the past three months in Richmond federal court. Like its predecessor, the suit seeks to force the 15 defendants to foot the bill for millions of dollars of losses to the fund. The suit could also trigger insurance policies that the company would have had to potentially cover the executives and directors. The two cases are similar enough in their claims that the newest suit was ordered into the same mediation process as the previous filing. 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?