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Meridian, Miss. Did you know that there is a "Church of the Mediator." Proof: The Church of the Mediator held a special concert Sunday afternoon that featured a world famous musician. Dr. John Paul is a world renowned harpsichord player and this afternoon entertained the crowd through some music. This concert is one of four that the Church of the Mediator put on to raise money for their new organ. read
Beginning April 15th, 2015 OvalOptions for Conflict Management will offer its Brewery Mediation Network (BMN) service in areas nation-wide. The program will help connect craft breweries with local providers of mediation, facilitation and associated services to assist in resolving costly disputes, most noticeably those involving trademarks. Breweries that contact the BMN are guided through a dispute roadmap, shaped by their unique situation, examining issues ranging from inter-brewery dispute to workplace tension. Jason Gladfelter, co-owner of OvalOptions, conflict consultant and level 1 Cicerone, views trademark disputes as a threat to the industry’s image while inflicting economic damage. “Legal fees in trademark cases can cost tens of thousands of dollars and take six months or more to conclude. Mediation can produce an amicable solution in a timely manner at a fraction of the cost, which is divided between the parties.” read
The Ontario Securities Commission is launching a pilot program to see whether more people can resolve their enforcement cases with the help of an outside mediator. The OSC said it will test out a mediation program from May 1 until next March, giving people the option to use a third-party mediator to help them try to confidentially reach a deal with commission staff. Both sides have to consent before a case can go to mediation. The OSC said it is developing the program as a way to try to get more cases concluded more quickly, and it will not allow the mediation process to be used to delay the start of hearings in cases. “The mediator provides an informal setting for settlement discussions to occur and can assist in resolving other outstanding enforcement issues,” the OSC said in a statement. read
Divorced couples cannot be required to resolve their post-divorce disputes through mediation if there has been an entry of a final restraining order based on a finding of domestic violence, even if existing property settlement agreements call for disputes to be worked through by mediators, a New Jersey appeals court has ruled. read
Unresolved natural resource management issues can make peace more fragile, while addressing them can act as a bridge toward cooperation. The UN Environment Program and Department of Political Affairs recently created a guide to natural resources for conflict mediators. The guide explores how natural resources can exacerbate or drive conflict and discusses best practices for mediation. It also examines instances of natural resource management as cornerstones of peacebuilding, from oil in South Sudan to shared water basins in Iran and Afghanistan. read
By most measures, the U.S. economy is healthy and recovered from its recent recession. Job growth has been healthy for the past year. The U.S. Commerce Department reported on March 27 the biggest gain in consumer spending in eight years. Housing prices are rebounding as home sales are growing. Expect one more statistic to rise: the divorce rate. read
SINGAPORE - Almost 5,000 divorcing couples have gone through a compulsory mediation and counselling programme aimed at helping them reduce the acrimony as they sort out disputes over their children. About four out of five couples agreed on key parenting decisions after attending the sessions, a Family Justice Courts spokesman told The Sunday Times. The courts had found that many couples fight over custody and care issues, such as which parent the child will live with after the divorce and how much time the other parent will get to spend with the child. The mediation and counselling programme, which involves the couples' lawyers as well, aims to protect the child's welfare. "This drastically lowers the risk of children being caught in the bitterness between warring and insecure parents," the spokesman said. "Children will be more secure and less traumatised by the breakdown of their parents' relationship." read
ISLAMABAD: Defence Minister Khawaja Asif said Tuesday that the government’s first preference would be to play the role of a mediator in resolving the crisis in Yemen. “If the sanctity of Saudi Arabia’s territorial boundaries is violated, we will stand with them,” he said. He assured that the government’s policy was in line with the military's perspective on the issue. He said that Saudi Arabia and Pakistan have decades-old defence agreements, and Pakistan will continue honouring those agreements. read
An essential element of a successful mediation is confidentiality. Participants to a mediation must be able to rely on the confidentiality of the process if they are going to be candid with the mediator about their settlement positions, pressure points, litigation strategy and other sensitive issues. This principle is reflected in the Uniform Mediation Act, finalized in 2003 and adopted by 11 states to date. According to the Act, “[t]his frank exchange can be achieved only if the participants know that what is said in the mediation will not be used to their detriment through later court proceedings and adjudicatory processes.” read
Northwest Arkansas Regional Airport officials approved a proposed settlement of a federal lawsuit related to problems with work on the main runway renovation that should allow for repairs to be completed within the next few months. "We ended up with a proposed settlement that, frankly, none of the parties are happy with but all parties can live with," Scott Van Laningham, executive director, told board members at a special meeting late Monday afternoon. "We left there with a pretty good game plan for fixing it." 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.
Defining Mediation Constantin-Adi Gavrila Recently, talking to a very experienced mediator, we started to describe a particular practice of an attorney-mediator during one of his cases. At the end, we asked: was that mediation? Our friend told us that no, it wasn’t mediation. We asked why and a long silence fell over our table. Then he confessed that it cannot tell exactly why, but somehow he felt uncomfortable with the practices we described and certainly he would not attempt to use them during his own cases.
What is Mediation? Hilary Linton This rant is for those (few remaining) lawyers who discourage their clients from trying mediation with the lame allegation that mediation is too “touchy-feely.”
It is hard to believe that, in this day and age, some lawyers still have such a patronizing attitude.
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.
Confidentiality Revisited Michael P. Carbone In 1997 the California Legislature enacted Evidence Code Sections 1115-1128, which established mediation confidentiality as an evidentiary exclusion in California. The purposes of this legislation were (a) to clarify and codify the law and (b) to encourage participants in mediation to be open and candid with the mediator and with each other. The central point of the law is that no communications that take place during mediation can be used in any trial, hearing, or other legal proceeding.
The Mediator's Checklist David Laufer Preparing a Mediator’s Check List (“MCL”) of Key Legal and Factual Issues will assist the Mediator to focus on the issues she must master during the Mediation Process (“MP”) to facilitate a voluntary settlement of the dispute.
Selecting a Mediator
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:
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.
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?
A Practical Guide to Comprehensive Conflict Management Systems Carole Houk, Deborah Katz Many organizations have embraced alternative dispute resolution. Yet, they continue to search for more comprehensive approaches that help them not only to resolve conflicts that have escalated into disputes but also to manage risk, manage relationships and manage their bottom line. Is the answer to this search integrated conflict management systems (ICMS)?