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    5/17: Bermuda: Gang Mediation Structure Put In Place

    A structure has been put in place around gang mediation and police officers will directly engage with students to stem the growth of the gang culture, read


    5/17: Charles Schwab Drops Forced-Arbitration Clause From Contracts

    After AT&T somehow convinced the U.S. Supreme Court that a couple of sentences buried toward the end of a contract that maybe .05% of customers ever think about reading was all that was needed to preempt class-action lawsuits, many large companies have rushed to pack their user agreements and licenses with clauses that force customers into arbitration. But, stuck in a battle with an industry regulator, the folks at Charles Schwab have decided to go another way, announcing that they have gotten rid of their arbitration clause… for now. read


    5/17: More ADR Tools for Shippers

    Arbitration, and not litigation, is the driving force behind rules that federal regulators hope will settle simmering disputes between freight railroads and shippers, including coal plant operators.

    The Surface Transportation Board announced the policies May 13, after nearly three years of studying prolonged rate challenge cases. “Changes to the arbitration rules are intended to consolidate and simplify formerly separate arbitration procedures and to encourage greater use of arbitration,” the board said. read


    5/17: National Association for Community Mediation (NAFCM) receives $50,000 grant from JAMS Foundation for development of national Training Resource Center.

    The Training Resource Center (TRC) will be the largest compilation of community mediation resources in the country. NAFCM will partner with community mediation centers across the country to collect new and existing resources including but not limited to PowerPoint, handouts, mocks, videos, and more. read


    5/17: Kobe Bryant Judge Orders Mediation in Memorabilia Dispute

    Kobe Bryant, the All-Star basketball guard, must undergo mediation before a possible June 17 trial to resolve a dispute over whether a New Jersey auctioneer can sell his memorabilia on behalf of his mother. U.S. District Judge Renee Marie Bumb set a mediation session for May 17 in federal court in Camden, New Jersey, to try to settle a lawsuit between Bryant and Goldin Auctions LLC. Bryant, a Los Angeles Laker, seeks to block Goldin Auctions from selling 100 items consigned by his mother, Pamela Bryant. The firm estimates the auction could raise more than $1 million. read


    5/17: Bishop Eddie Long Agrees to Mediation (Huff Post Opin)

    With little fanfare or news coverage, the four sexual coercion lawsuits confronting Bishop Eddie Long had the first hearing recently, with both sides opting for mediation to avoid a trial.

    "Bishop Eddie Long agreeing to mediation of sexual coercion charges is an end-run around the universally accepted moral and ethical responsibilities of any ecumenical leader. Mediation of sexual allegation grievances is tantamount to an admission of "some" guilt, "some" form of ministerial misconduct. Innocent folk don't make deals if the claims against them are baseless and untrue. Mediation for the accused is a forfeiture of the right to ever claim innocence, and readers should be absolutely clear on this point." read


    5/17: Amazon wants seller lawsuit to go to arbitration

    Amazon.com’s response to two former sellers complaining about tied-up payments can be summed up as: We’ll see you in arbitration.  Seattle-based Amazon, in a 28-page document filed in U.S. District Court in Seattle, asks Judge Marsha Pechman to move the case to arbitration. The two sellers claimed in a lawsuit filed in March that Amazon refused to pay them for more than 90 days after it shuttered their accounts. They want full restitution of “monies wrongfully obtained,” plus interest and other unspecified damages.

    In its response, Amazon noted that when the plaintiffs signed up to sell products on its website they agreed to arbitrate any disputes.  The suit, which seeks class-action status, says Amazon routinely holds sellers’ money longer than allowed to rack up interest and “reap many tens of millions of dollars annually.” read


    5/14: Mediation Myths and Misunderstandings That May Affect Your Decisions in Divorce

    The decision to divorce is probably one of the most important -- and most difficult -- decisions one will make during the course of a marriage. The unknowns and avalanche of effects falling like dominoes are often too overwhelming for one person to handle: "How do I start the process? When is the best time for me to initiate the divorce? If and when I make the decision to divorce, should I litigate or mediate?" It can be mind-boggling. read


    5/14: Arbitration Fairness Act of 2013 Introduced in Congress

    As discussed by the American Association for Justice, the new law seeks to end the abusive practice of so many large corporations, including nursing home conglomerates, that seek to insulate themselves from legal accountability with forced arbitration. As the AAJ summarized, the law is critically needed, because when it comes to arbitration, “The process is secretive, costly and rigged so that corporations cannot be held accountable. By removing access to justice, it grants corporations a license to steal and violate the law.” read


    5/14: Discussion stuck? Call in a virtual mediator

    Ever find yourself in a collaborative situation that’s gone awry? Maybe one person on the team dominates the conversation or an offhand comment distracts everyone for a whole meeting. Experts in social computing are developing a virtual mediator to turn around unproductive discussions. read


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Caseload Manager

Jan Frankel Schau
Priming for Likely Range of Outcomes (4/26/13)
Jan Frankel Schau
Sometimes the only way to strike oil is to prime the pump until it begins to flow. It takes some effort and foresight, but the result is all the more satisfying.

Stephanie West Allen
Filters and Frames: Mediation is all About the Viewfinder (4/26/13)
Stephanie West Allen
Our brains are vigilant, hyperaware of any sensed change to see if it represents danger. Partly because they use a lot of our energy, our brains seek to deal with new information quickly and easily. So, rather like a photographer, the brain applies filters and frames. The filters shift, accentuate, and diminish what is seen. And the frames limit what is viewed to certain boundaries.

Beth Graham
Arbitration and Access to Justice: Economic Analysis (4/26/13)
Beth Graham
Mandatory arbitration clauses in consumer contracts are widely regarded as problematic because they limit consumer’s access to judicial forums, to fair procedures, and potentially to any kind of remedy. But rather than looking at consumers as a group, I examine which sub groups of consumers are affected by this limitation more than others.

Lorraine Segal
Four Elements of Forgiveness—50 Years Later (4/26/13)
Lorraine Segal
I read recently about a beautiful example of forgiveness for a wrong that happened 50 years before.

Mary Novak
New Perspective on Domestic Violence and Mediation in Montana (4/26/13)
Mary Novak
The original Montana provisions for family court mediation, enacted in 1993, attempted to shield abuse survivors from attending mediation with their abusers. This reflected a national focus on the issue at the time. Section 40-4-301 of the Montana Code Annotated allowed courts to require any parties to participate in family law mediation. However, it made an exception for domestic violence.

Dick Price
Is Collaborative Law Worth the Cost? (4/22/13)
Dick Price
For people facing divorce, a common question is whether Collaborative cases are "cheaper than litigation". While there is no way to compare a specific Collaborative case to an abstract idea of a litigated case, we can say that Collaborative Law will avoid a lot of the expense involved in litigation.

Herbert Smith
ISDA Issues Model Arbitration Clauses for use with Master Agreements (4/22/13)
Herbert Smith
The International Swaps and Derivatives Association (“ISDA“) has released a number of model arbitration clauses for use with the ISDA 2002 Master Agreement and ISDA 1992 Master Agreement (Multicurrency – Cross Border), which are the market leading standard form agreements for documenting derivatives transactions.

Patricia Porter
AudioBlog: Transforming Difficult Decision Making In Elder Care Planning (4/22/13)
Patricia Porter
Families today are assuming responsibility for the informal care of over 75 percent of elderly family members and are often faced with difficult decisions from a bewildering array of choices: e.g. estate planning, financial issues, and guardianship. In the best of circumstances, this can be a stressful process and sometimes leads to disagreements, confusion, and conflict at a time when the best intentions of the family are to work together for the needs of a loved and respected aging family member.


In Someone Else’s Shoes: Are the Investor’s Rights His Own or Those of the Home State? (4/22/13)
Inna Uchkunova, Roger Alford
There is a Taoist fable of the three stupid men who were traveling together from one village to the next. They rested for the night under a banyan tree. In the morning, it turned out that the travelers have forgotten whose shoes are whose. Because none of the three men was able to walk in another man’s shoes or to recognize his own their journey ended under the banyan tree.

Richard Weiler
Durability of Mediated Settlements and More (4/22/13)
Richard Weiler
Deals negotiated in mediation tend to hold or, at least, that’s been the conventional wisdom. The theory is that because of the consensual nature of the process parties tend to abide by the agreements they’ve struck in mediation.

Tammy Lenski
5 Effective Ways to Focus on What’s Important in Relationship Conflict (4/22/13)
Tammy Lenski
How do you decide how much of a relationship conflict’s flotsam is worth pursuing? How do you focus on the important matters in a relationship conflict and not get sidetracked by trivial ones?

Beth Graham
Concerted Action Includes Concerted Dispute Resolution (4/12/13)
Beth Graham
As interpreted by the Supreme Court, the Federal Arbitration Act has largely swept all before it, validating agreements to arbitrate almost all disputes, including those involving claims under statutes regulating the employment relation. That era may be nearing an end.

Cinnie Noble
Disputes: A Clash of Imperfect Ideas (4/12/13)
Cinnie Noble
It is common in the midst of conflict that we become more assertive about our perspective – especially when the other person is equally or more assertive about hers or his. One or both of us may push our viewpoints to the extent that things escalate and stronger feelings evolve – accompanied by even more push back. It is as though both of us are convinced and have to convince the other that our view is the perfect and correct one.

Joe Markowitz
Collaboration (4/12/13)
Joe Markowitz
There was talk around the ABA Dispute Resolution Conference this week that the demand for mediation services may be declining. If that's true, does that mean that mediation is falling out of favor, just as arbitration has somewhat fallen out of favor? Or is it a reflection of the economy and the decline in demand for dispute resolution services in general?

F. Peter Phillips
Bach, Beijing, and Being at the Table (4/12/13)
F. Peter Phillips
Negotiators at the table might have completely different interests and no shared ground as to the law or the facts; they can nevertheless contribute to a productive mediation because they are there. They share the dispute itself, and they share at least an interest in resolving the dispute in their clients’ favor. They share a recognition of the process, and a willingness to make themselves heard.

Diane Cohen
Is There Good and Bad Mediation Practice? (4/12/13)
Diane Cohen
Wow! I’ve been overwhelmed with work and haven’t posted in months. But I’m back now and thinking about the topic: Is there good and bad mediation practice?

Sabine Walsh
The Mediation Trainer’s Toolbox (4/12/13)
Sabine Walsh
Having spent the last few weeks immersed in mediation theory, conflict theory, negotiation theory and a variety of other theories for various projects, including the preparation of a mediation training course, I feel the need for a little practicality.

Phyllis Pollack
Negotiation Tactics (4/12/13)
Phyllis Pollack
In some mediations, I have witnessed the “nibbling” approach: one party keeps making demands on top of demands, often very small ones, in an effort to get the other party to reach a breaking point and either cave in to the demands or storm out of the negotiation.

Phyllis Pollack
The Winner’s Curse (4/08/13)
Phyllis Pollack
Suppose you have a jar of coins and ask several friends to bid on the jar. The highest bid will be deemed the winner. According to Richard H. Thaler two results will occur: “(1) the average bid will be significantly less than the value of the coins (bidders are risk adverse); (2) the winning bid will exceed the value of the jar”. This is known as the “winner’s curse”.

Stephanie West Allen
Conflict Concert? Dispute Ditty? Mediation Minuet? Can the Speech of Angels Lead to Agreement? (4/08/13)
Stephanie West Allen
Music is used to regulate mood and arousal in everyday life and to promote physical and psychological health and well-being in clinical settings. However, scientific inquiry into the neurochemical effects of music is still in its infancy.

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