"One of, if not the best, sites on the subject of Mediation I have had the opportunity to visit. I am interested in becoming a mediator and this site is encouraging and educational."
Ashley Biden was voted executive director of the Delaware Center for Justice (DCJ), effective Nov. 13. The announcement comes after the departure of Joanna Champney, who served DCJ for three years. Biden, the daughter of Vice President Joe Biden, served under Champney for two years as associate executive director. "Ashley has demonstrated sound and strategic leadership of the direct service programs at DCJ, and she will continue to lead DCJ with commitment and integrity," Champney said in a release. read
Are barristers a useful tool in mediation, or does too much time have to be spent calming their egos before the mediation can get going? This question was touched on briefly at a mediation debate I attended a few weeks ago, and it sparked a bit of a storm at the time on Twitter. I tweeted a comment by Frances McCarthy, a hugely respected and experienced personal injury lawyer and mediator, that the problem with some mediations is actually the barristers. McCarthy said that while the parties go to a mediation with the mindset that they want to settle the case, sometimes the barrister’s attitude is that they are there for a fight; and valuable time has to be spent calming their egos before the process can really get started. She felt that some mediations would go better if the barristers weren’t actually there at all. read
Gone are the days when media moguls and professional athletes would voluntarily hang around the courthouse to litigate contract disputes. Today the entertainment and sports industry increasingly use arbitration and mediation to resolve conflicts. Former Chief Justice Warren E. Burger said to the American Bar Association, "Our litigation system is too costly, too painful, too destructive, too inefficient for a civilized people." There is no question arbitration, and especially mediation, help salvage relationships in the entertainment and sports industry that litigation would otherwise ossify. Although arbitration and mediation can take many different forms, in general, the arbitrator renders a decision at the end of an arbitration hearing, and that decision is final and binding. Mediation, on the other hand, is a process wherein the parties meet with a mutually selected impartial person who assists them in the negotiation of their differences. read
Attorneys for the Fairbanks North Star Borough School District hope to come to a resolution soon in a civil lawsuit with the family of a student who allegedly was raped by a tutor at Hutchison High School. Both sides in the lawsuit plan to meet for mediation in Seattle on Dec. 1 to come to a consensus on the cost of a settlement. The school district approached the family about the possibility of entering into mediation during the summer, according to Michael Kramer, the attorney representing the family. Kramer said the two sides scheduled a full-day session for the mediation, during which he said he believes both sides will participate in a good-faith effort to resolve the claim. The case will likely have to be resolved in court if the two sides cannot come to an agreement in mediation. read
Today, Canadians are mediating their disputes in record numbers. One partial explanation for this phenomenon is that mediation purports to keep discussions between parties confidential, traditionally backstopped by settlement privilege. But the extent to which parties can pierce this bubble of confidentiality and use information disclosed in the course of mediation in subsequent court proceedings is an evolving issue. read
Generally speaking, mediation is unregulated, which means that anyone may call themselves a "mediator" and any process involving a "mediator" is called "mediation." On October 22, 2014, I read a wonderful eBook by Brandon S. Peters titled "How to Select the Best Mediator." In his book, Mr. Peters makes the following statement, which I agree with completely: "Your success at mediation is directly tied to your choice of mediator.... The three most important elements of selecting the right mediator for your case: (1) Approach; (2) Style; and (3) Background.... Different cases require different approaches to mediation...." read
One or both parents requiring care can create serious stresses and conflicts within families. Sometimes disagreements and misunderstandings over elder care or inheritance issues can lead families to break apart, affecting descendants for generations. To avoid this, elder mediation is available to resolve family disputes that otherwise may go unaddressed or lead to costly and traumatic litigation. A successful resolution can preserve family ties to the benefit of the entire family tree. read
The Missouri Supreme Court has overturned a St. Louis County ordinance enacted during the housing crisis to help stave off foreclosures. Adopted by the County Council in 2012, the “Mortgage Foreclosure Intervention Code” required creditors to post fees totaling $450, of which $100 was nonrefundable, to cover the cost of a “mediation coordinator.” Lenders that failed to comply with the code faced potential fines of up to $1,000. The council enacted the ordinance to keep homeowners from abandoning foreclosed properties which might then fall into disrepair. Passage of the bill came at a time when declining property values were taking a toll on county revenue from property taxes. The Missouri Bankers Association and the Jonesburg State Bank challenged the ordinance saying state law guiding real estate lending superseded the intent of the action taken by the County Council. Judge George W. Draper III, writing the majority opinion in the case, agreed with the bankers. Counties and municipalities, the justice concluded, lack the authority to enact broad legislation to address a broad “national crisis.” State law, Draper wrote “limits” the authority of local government to “participate in a mediation program prior to foreclosure … or face criminal prosecution.” read
Last month in San Antonio volunteers and lawyers honored the service of Marlene LaBenz-Hough, retiring executive director of the Bexar County Dispute Resolution Center (BCDRC). Under Marlene’s guidance, the center has led efforts in combating violence in San Antonio public schools by working in partnership with the San Antonio Bar Foundation (SABF). The BCDRC was awarded a Criminal Justice Department grant to develop and implement the “Amigos in Mediation” (AIM) Peer Mediation Program. Now in its 15th year, the AIM program helps schools establish their own peer mediation programs by teaching school faculty and students ways to resolve conflicts without violence. read
Two thirteen-year old students received a standing ovation from the assembled guests at the recent 20th Anniversary Celebration of the North Shore Community Mediation Center. Hanna Scotch and Michael Woo, two 13-year-old students at the Amesbury Middle School were recipients of the Derek Sheckman Fair Play Award for Youth Mediation. Having successfully completed the peer mediation program in their school, both young teens affirmed that the mediation training has taught them to be good communicators — and especially good listeners —which are among the mediation skills they hope to use even beyond the school day. 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)?