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The future of the Muir Woods mural that adorns the Lincoln Blvd. and Ocean Park corner of Olympic High School in Santa Monica is uncertain, with parties for and against the current design, heading to mediation. The mural was created in 1978 in honor of conservationist John Muir, the original namesake of Olympic High, which was previously known as John Muir Elementary. In recent times the wall has fallen into disrepair, with all agreeing that a facelift of sorts is in order. read
On Friday last week National Family Mediation (‘NFM’), the largest provider of family mediation in England and Wales, reported a significant rise in the take-up of its services in the first six months of 2014. Mediation is, of course, the government’s big answer to its abolition of legal aid for most private law family matters in April 2013. Instead of going to court, couples should resolve their disputes through mediation, or at least that is the idea. read
A man accused of sexually abusing a girl for seven years may see his case end in mediation. Donald Lenz, 56, was scheduled to be tried Oct. 6 with first-and second-degree sodomy and first- and second-degree sexual abuse. Thursday, Circuit Court Judge William Clouse allowed all parties to meet in a mediation session, which will be before a retired judge. If an agreement is reached, it will be presented to the trial judge for approval. read
A High Court judge today ordered the world’s number one golfer Rory McIlroy and his former management company, Horizon Sports Management, to engage in peace talks over the next four weeks. McIlroy’s legal battle with Horizon also involves the affairs of his Ryder Cup team mate Graeme McDowell and Mr Justice Brian McGovern said it involved such sensitive matters that the sides should engage in mediation. read
The Mark Sanford divorce saga has gone back behind closed doors: After a surge of attention to the South Carolina congressman’s rambling Facebook post on Friday about his private life, a family-court judge said today that Mr. Sanford and his ex-wife, Jenny, have agreed to mediation on parenting issues and other concerns. read
We asked: What IS a National Universal Agreement to Mediate? And why might it be a good thing to know about? In this Part I we describe the mediation program. In Part II, we will ask whether it is a "win-win" program, as the EEOC says – given the less than favorable reviews of some who practice before the EEOC who claim that the EEOC attempts to "bully" employers. read
When Jerry Springer decided to take his powers of mediation to the wrestling ring, he probably never imagined he would be carted out of the arena on a stretcher. Unfortunately for him, that’s just what happened when he attempted to solve an ongoing feud between WWE siblings the Bella Twins on US wrestling show WWE Raw. read
In the 21st century, living in peaceful Western countries, most of us believe we are civilized enough that there should easily be peace everywhere, but we continue to see waves of ethnic and religious violence around the world. The unrest and violence is a threat to peace, to political stability, to economic growth and to security around the world. We are all too aware that recent conflicts have killed and maimed tens of thousands and displaced millions. Continued violence only sets the stage for more violence. Governments do not have all the answers. People and organizations can have influence over our path to the future. One organization taking action now is the International Center for Ethno-Religious Mediation (ICERM). ICERM is preparing for their upcoming 2014 Annual International Conference On Ethnic And Religious Conflict Resolution And Peacebuilding. The one-day event, on October 1, 2014 in Manhattan, New York, aims to inspire new thinking, stimulate ideas, and start dialogue towards facilitating peace and advancing social and economic well-being. read
Come next year, feuding neighbours will be able to turn to a tribunal dedicated to resolving community disputes. The Community Resolution Dispute Tribunal, first announced in March, will be established under the auspices of the State Courts and have powers to mandate mediation. Those who apply to have disputes heard by the tribunal must first attempt to mediate. If the other party does not reciprocate, the tribunal can order both parties to attend pre-hearing mediation and record any agreement as a consent order which can be enforced accordingly. Court processes for the tribunal will be streamlined so that “long-running disputes can be resolved expeditiously and effectively,” said Minister for Culture, Community and Youth Lawrence Wong in Parliament today (Sept 9). However, Mr Wong stressed that the tribunal should “be an avenue of last resort to adjudicate long-standing, intractable disputes between neighbours”. read
For the second time in two years, lawyers for the Archdiocese of Milwaukee and sex abuse victims are sitting down with a mediator, starting Monday, in hopes of hammering out a settlement in the archdiocese's nearly 4-year-old bankruptcy. None of the parties associated with the case have estimated what it would take to resolve the underlying issues, including a pending lawsuit over $60 million in trust set aside for maintenance of the archdiocese's cemeteries. But two things appear certain: Abuse survivors will undoubtedly push for more than the $3 million-plus they were offered as part of the reorganization plan proposed by the archdiocese in February. And the archdiocese appears reluctant to budge, at least at the outset. 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)?