"I am about to conduct a 150 hour peer mediation program for this school. This is done as part of a court ruling given to me from the district court of American Samoa. I thank you so much for all the information that I had copied from this site and I know that they will be helpful as I looked to a great task of peer mediation here on this island. Wish me luck and again thank you so much !! Herman Fuimaono"
With demands for millions on one side and the seeking of a court declaration that Empire isn’t violating any “purported trademarks rights” on the other, this lawsuit seems to have taken the expressive lane to a sit-down before it could blow up. Just one day after the broadcaster of blockbuster series Empire filed a complaint for declaratory relief against music label Empire Distribution, the federal court today said it wants the parties to work out their problems in mediation before going to trial. Maybe not the way Lucious Lyon does business on the fictional Empire but the ways of real-life busy courts. read
Medical malpractice claims hit a record low last year in Wisconsin, according to the Director of State Courts. The number of medical malpractice lawsuits fell to 84 last year from 140 in 2013. There were 294 suits filed in 1999. The state Medical Mediation Panels got 118 complaints last year, the fewest in their history. Plaintiffs must file with the panels before they can sue. read
A NJ state judge has ruled that a lawsuit can proceed against leaders of the Islamic Center of Passaic County that alleges widespread misuse of the organization’s funds. Ruling on a motion by the center to toss out the lawsuit, Judge Margaret Mary McVeigh in Passaic County Superior Court on Friday said that she would consider most of the suit’s claims, but urged the parties to go into mediation. read
Earlier this month, the Ministry of Justice implemented massive increases in the fees the courts charge to those parties who commence proceedings. Claims for more than £10,000 now attract an issue fee of 5% of the value of the claim up to a limit of £10,000, so, for example, a claim for £200,000 will now cost £10,000 to issue in addition to lawyers’ fees. The recent hike in court fees ought to make more businesses pause before instructing their lawyers to issue proceedings. in any event, there is much to be said for embarking on a mediation prior to the commencement of proceedings. read
Employers were encouraged Monday to take part in the Equal Employment Opportunity Commission’s mediation program, with one lawyer saying the program has been successful in resolving employment discrimination cases and saving employers money and time by avoiding litigation. Speaking at the Society for Human Resource Management’s Employment Law & Legislative Conference in Washington, D.C., Whitney Warner, a founding partner with the labor and employment law firm of Moody & Warne in Albuquerque, N.M., tackled several myths about participating in EEOC mediations. read
The U.S. Department of Justice's Community Relations Service will be in Pasco next week to begin mediation talks between the city's police department and community leaders. Talks will be centered around the recent shooting of Antonio Zambrano-Montes by three Pasco Police officers, and claims the department's use of force was unjustified and it's rank and file are out of touch with the largely Hispanic community. The process, once started, is confidential and has no law enforcement attached to it, according to the Department of Justice. Action plans can come once completed, however. read
Spring is time of renewal and rejuvenation. The sun is shining, plants are growing and the temperatures are rising. As you embark on this season of change and renewal, think about taking steps to reduce the impact your actions have on your neighbors and also think about how to communicate when your neighbors' actions impact you. If you aren't comfortable because you feel there is conflict, your neighbor probably feels uncomfortable too. Here are some quick steps to try to begin resolving conflict. read
A proposal by Manhattan Borough President Gale Brewer would give small businesses a year-long reprieve if their landlords try to boot them out. It’s not a new issue, and Brewer said her idea is not a new one. “Rent mediation has been bandied about for many years, decades even, but in a different way,” she said. Under Brewer’s proposal, if a landlord seeks to jack up a store’s rent, a mediator would try to work out a deal. If one cannot be reached, the business would receive a one-year extension so that it has time to find a new space. In the meantime, its rent would increase by no more than 15 percent. read
Since the shooting incident in the West Point community that led to the death of little Shaki Kamara, the relationship between the Armed Forces of Liberia and the locals has been sour, but the former Minister of Public Works Samuel Kofi Woods is doing everything to bring the army and the people together. read
Sometimes you need a person in the middle — a mediator. Community Mediation Services of St. Louis helps people talk about and resolve their differences. On Wednesday, "St. Louis on the Air" host Don Marsh will talk to two people behind the group about their services and their recent work in Ferguson. 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)?