A generation ago, mediation of construction disputes was unusual. Today, it is rare that a construction claim goes to trial without some effort at mediation first. Indeed, a substantial percentage of construction contracts require mediation as a precondition to filing suit or demanded arbitration. Still, as pervasive as mediation has become, misperceptions about mediation persist among the contractor population generally. What does a mediator decide? Who controls the proceedings? Is there such a thing as binding mediation? How confidential is confidential during and after a mediation? read
Leonardo DiCaprio may be living it up in the South of France, but his time overseas hasn't been only about partying with friends and yachting with his girlfriend, Kelly Rohrbach. On July 22, he hosted his annual Leonardo DiCaprio Foundation Gala, which raised $40 million for environmental preservation and protection. But before that, he was honored by Prince Albert II of Monaco. The royal presented Leo with the Prince Albert I Medal For Mediation, which is given each year by Prince Albert of Monaco's Oceanographic Institute Foundation to "honor those who through their passion and courage, help to know, to love and protect the oceans." read
Mediation could settle a $15.69 million lawsuit against the Tulsa Airports Improvement Trust by the Bank of Oklahoma. The suit arises from a loan made in 2000 as part of an ill-fated city effort to have a Tulsa-based airline. read
It’s a war of words among Amherst-Pelham Regional School Committee members, who will meet Monday about two deliberation-based complaints. The first is a dispute about whether an email sent to the entire board from member Katherine Appy constituted deliberation, thereby violating the state’s Open Meeting Law. The second is what sparked the email — Appy’s assertion that committee Chairman Trevor Baptiste planned to participate in mediation with the Amherst NAACP without discussion and approval from the full committee. read
After months of seemingly endless negotiations in a country that has seen years of conflict, the moment has finally come to sign a peace agreement. Exhausted, the mediator is preparing herself for the ceremony, which will take place in a few hours. But before she gets ready to leave, a representative of an international organization enters the mediation office, with a glum expression on his face. “Your text is not nearly as gender-sensitive as we would have liked; you omitted several of our clauses. We counted on you and you failed to put them into the agreement. You have to change it, or we will not endorse the agreement!” read
The bitter dispute over a Catholic dorm for college students in Kansas City isn’t over. The Catholic Diocese wants to build a dormitory near the University of Missouri-Kansas City and Rockhurst University. Many people who live in the area of the proposed project, including members of a nearby Catholic church, said the project is too big. They’re going to a mediator, but some of the neighbors said they’re not optimistic about the outcome. read
Known among county officials and coworkers for her giving attitude, penchant for building partnerships with community organizations and engaging, patient personality, executive director of the Community Mediation Center of Calvert County Susan Rork has announced her retirement. “It is difficult to express the tremendous gratitude we have for someone who has contributed so much to making our community stronger and healthier,” chair of the CMCC Board of Directors Vicki Rhoades wrote in a letter to The Calvert Recorder. “… With Susan’s support and guidance, volunteers have touched literally thousands of lives in these past years, supporting our neighbors as they reached clarity and made informed decisions about how to move forward.” read
A Clifton NJ judge sent a harassment case involving 2nd Ward councilman Mohammed Akhtaruzzaman for mediation on Monday evening. Municipal judge John Meola sent the case that involves charges and counter charges stemming from a landlord-tenant dispute on Edmund Avenue in April to 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.
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.
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.
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:
A Study in Mediation Styles: A Comparative Analysis of Evaluative and Transformative Styles Katina Foster This study investigates two of the four primary mediation styles, evaluative and transformative mediation, and evaluates their strengths and weaknesses. The final conclusion of this study is that no one style is appropriate for dealing with all conflicts. Instead, different styles should be considered as options during the conflict resolution process.
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.
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.
Student/Peer Mediation: A Multi-Purpose Tool Jim Eisele After reviewing several articles regarding student/peer mediation, one thing is clear: student/peer mediations have several benefits, many of which are long-lasting.
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.
Living with 'ADR': Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations J. Ryan Lamare, Tom Stipanowich As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American conflict resolution in the late Twentieth Century. In 1997 a survey of Fortune 1,000 corporate counsel provided the first broad-based picture of conflict resolution processes within large companies. In 2011, a second landmark survey of corporate counsel in Fortune 1,000 companies captured a variety of critical changes in the ways large companies handle conflict. Comparing their responses to those of the mid-1990s, clear and significant evolutionary trends are observable, including a further shift in corporate orientation away from litigation and toward alternative dispute resolution (ADR).
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)?