The Metropolitan Opera has proposed bringing in a mediator to facilitate talks with its unions, a move that could delay a lockout that management had threatened for Friday. Opera officials broached the idea in a negotiation session Wednesday with the American Guild of Musical Artists, which represents singers, dancers and stage managers. Union head Alan Gordon said his group would agree to mediation if the unions representing the orchestra and stagehands were on board. read
A mediator has been chosen for a lawsuit filed against Spectrum Health by an emergency room physician whose position was terminated after she made a comment on Facebook, according to a statement filed in U.S. District Court. Dr. Catherine Puetz filed the lawsuit March 14, saying she was abruptly let go and wrongfully accused of a HIPAA violation after she and other employees made comments online about a photo posted on Facebook. She accuses Spectrum of “defamation, false light invasion of privacy, breach of contract/covenant and tortious interference with business expectancy.” Also named in the suit are Kevin Splaine, the president of Spectrum Health Hospitals, and Jeanne Roode, director of emergency, trauma and neuroscience services. read
About eleven years ago, I was experiencing a life transition and thought it would be a great time to connect with the local community dispute resolution program. The exploration brought me to The Dispute Resolution Center in Ann Arbor, where a community of mediators worked together to provide an alternative approach to problem solving instead of going to court. What I found was a rich and engaged community of mediators committed to helping people problem solve and committed to making the DRC a vibrant, viable, and reliable choice for dispute resolution. read
A federal judge said Wednesday that she would send the Archdiocese of Milwaukee's bankruptcy case to mediation. Bankruptcy Judge Susan Kelley said she considers mediation the best bet for resolving the hard-fought, three-year-long case. The archdiocese filed for bankruptcy in 2011, saying it would not have the money to pay if it lost lawsuits filed on behalf of victims of clergy sexual abuse. More than 500 abuse victims have since filed claims in bankruptcy court. The mediation will involve attorneys for the archdiocese, sexual abuse victims and others owed money by the archdiocese. A previous attempt at mediation in 2012 failed. Kelley agreed to mediation before hearing arguments over whether the archdiocese should pay attorneys' legal fees now or later. read
Many of us have been hearing about Online Dispute Resolution (ODR) for years but haven’t quite got round to using it. It sounds like a nice idea when face-to-face mediation isn’t an option through distance and/or cost. And yet I suspect that for most mediators the ‘gold standard’ is being in the same room as our clients. We can see people, hear them, feel the emotional temperature; we can also speak, use our eyes, use our hands; even jump to our feet when things get stuck. A small screen, by contrast, seems flat, miniature and limited. However, if precedent is anything to go by, it would be foolish to bet against the forward march of technology. read
A federal judge has asked the U.S. Air Force and Space Exploration Technologies Corp. to try mediation to resolve a lawsuit over the service’s $11 billion order of rockets from SpaceX-rival United Launch Alliance. SpaceX filed the lawsuit April 28, asking the U.S. Court of Federal Claims to void a large portion of the deal, under which the Air Force ordered 36 rocket cores from ULA on a sole-source basis. The U.S. Department of Justice, representing the Air Force, has asked the court to dismiss the case. But Judge Susan Braden on July 24 directed the two sides to explore a third alternative: mediation. Braden asked SpaceX to provide, by Sept. 10, a list of proposed issues for mediation, potential mediators and a timetable. The Air Force will then have until Oct. 14 to determine whether SpaceX’s proposed terms for mediation are acceptable. read
I’ve been a lawyer for almost 30 years and a mediator since 1990. I’ve learned how to help resolve people’s problems, getting them not only what they say they want, but what they really want and aren’t telling me. I have five secrets that have changed my life and those of the people I work and play with. I’ll let you in on these secrets. Use them wisely. They are powerful tools. read
Divorce attorney Larry Sarezky has created a short film to stop divorcing parents from engaging in high-conflict custody battles for the sake of the kids. I saw the film, Talk to Strangers, and was dramatically impacted by its message. Larry also provides ten questions divorcing parents should ask themselves before fighting over the kids in court. His years of experience have shown him the consequences for the children involved -- effects they'll experience on a life-long basis. Here are Larry's 10 questions, along with his opening comments about high conflict divorce. read
Over 20,000 cases related to family disputes have been settled in Bangalore with the help of a third party mediator over the last 7 years.
1. Total no: of cases referred to mediation: 35784
2. Total no: of cases mediated: 27915
3. Total cases not mediated and returned: 5864
4. Total cases mediated and settled: 20534 read
I have just returned from an enjoyable but hectic visit to the United States. During my stay, I took some time to read up on the family law situation both in the US and north of the border in Canada. It is always intriguing to see such familiar family law touchstones as legal aid and mediation in a completely different context. 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.
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:
Styles of Mediation: Facilitative, Evaluative, and Transformative Mediation Zena Zumeta Mediators around the country find themselves uncomfortable with what is being called mediation in their own and other areas. Accusations are made that one or another approach to mediation is not “real” mediation or are not what clients wanted. In addition, many clients and attorneys are confused about what mediation is and is not, and are not sure what they will get if they go to mediation.
The Narrative Approach to Mediation Toran Hansen Narrative Mediation carries with it both a certain perspective and methodology. It is a specific model developed out of the tradition of Narrative Family Therapy and, as such, represents a uniquely therapeutic approach to mediation. It challenges the mediator to acknowledge and take on assumptions made by conflict parties in creating personal and societal-level stories, make them explicit, and give the parties the power to change them through mediation. 7 Comments
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.
Reframing: The Essence of Mediation Peter Blanciak The thesis of this article is that the
psychotheraputic technique of reframing is central to
effective mediation. Several mediation scholars'
theories are examined under this thesis. These
theories include the use of symbols, deception, active
listening and dramatic frames.
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?