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5/23:

6 Ways to Make the Most of Mediation

The use of mediation has become an almost universal practice in litigation. More cases are resolved by mediation than by jury trials. Because of this, it is very important that insurance professionals understand the mediation process and learn how to make it effective. read

5/23: Research project analyses practice of mediation in two public hospitals in Valencian Community

The research project from the Universitat Jaume I de Castellón (Spain) analyses the practice of mediation in two public hospitals in the Valencian Community through cases that involved a team of mediators over two years. read

5/23: Oregon House votes to extend foreclosure mediation

The Oregon House has voted to extend a requirement that some mortgage lenders meet with struggling borrowers and a professional mediator before initiating foreclosure proceedings. The mediation requirement was first adopted last year. It applies only to certain foreclosures that are processed outside the courts. The measure approved Wednesday would extend it to all foreclosures. The majority of foreclosures in Oregon have long been processed outside courts, but they shifted to the judicial system after an appellate court ruling last year. Proponents hope the mediation will lead to an agreement that would allow borrowers to keep their home. The measure goes next to Gov. John Kitzhaber. read

5/21: Mediation planned in lawsuits over Wyoming plane crash

Lawyers are planning mediation sessions to try to resolve two federal lawsuits stemming from a 2010 plane crash in western Wyoming that killed a Twin Cities father and three sons. read

5/20: Mediation and divorce in Texas

Increasingly, couples seeking divorce are using alternative dispute resolution (ADR) methods to resolve issues in divorce proceedings. Mediation is probably the most common type of ADR method used in divorce cases today. While not advisable in all cases, this approach to navigating the divorce process can work well when couples are on equal footing, and want to plan for the future and have a role in developing the settlement agreement that will get them there. read

5/20: Lawyer Says RCMP Refuses To Mediate Harassment Suit

A lawyer representing 300 women who worked for the RCMP alleging harassment and gender-based discrimination in a lawsuit says the national police force is declining an offer to mediate. read

5/20: Attorneys ordered to mediation in big-rig crash suit

Attorneys involved in a personal injury lawsuit filed by a family hurt in a crash that left their car suspended off a Highway 101 bridge have been ordered to mediation. read

5/20: New mediation service aims to resolve rental disputes

A new mediation service in Fargo, ND aims to prevent landlord and tenant disputes from leading to court or eviction. A mediation service for landlords and tenants was created by the Successful Outcomes for Tenants and Landlords Committee, which is made up of area landlords and representatives of housing agencies. 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

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Control Anger During Conflict like a Fly on the Wall
by Tammy Lenski
Is Compromise Possible?
by Colin Rule
The Subtlety of Actual Mediations
by Phyllis Pollack
You Catch More Flies with Honey Than Vinegar
by Cinnie Noble
So Who is Your Primary Care Legal Counsel?
by Michael Zeytoonian
ODR: Using Online Dispute Resolution and Recommendations for Further Use
by Dennis Huizing

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More What's New

The Growing Role of ADR in Multidistrict Litigation (1/11/13)
Chris Poole
Alternative dispute resolution (ADR) is playing an ever-increasing role in assisting the MDL Panel. Many cases routinely settle while in process at the MDL Panel stage, with parties engaging arbitrators or mediators.

"Face to Face" Explores Restorative Justice - Jan. 9 & 10 Screenings in LA (1/02/13)
James Melamed
The award-winning film “Face to Face” will screen on January 9 and 10 in Southern California. The Australian drama deals with the concept of restorative justice, in which a mediator is appointed to resolve conflicts and legal issues. Plaintiff and defendant confront each other in a controlled, guided situation. The benefits of such an approach are obvious: Swift justice, rather than a costly protracted trial in the criminal court system: Good for the plaintiff, good for the defendant, good for the taxpaying public.

Will the New Year Bring Resolution to the Recurring Ethical Dilemma of How Far to Go in Preparing Your Witnesses? (12/21/12)
Claudia Ludwig
Whenever a hearing in an arbitration is on the horizon, the question of how far you can go in preparing your witnesses arises. Apart from particularly litigious clients, most clients will not have appeared as a witness in an arbitration or any other proceedings before.

In Stunning Move, Los Angeles Courts Abolish Mediation Programs (12/14/12)
Victoria Pynchon
In response to brutal budget cuts, the Los Angeles Superior Court is going on life-support at the same time as it abolishes programs that would make the delivery of justice faster, cheaper and more efficient.

Court Mediation Programs: An Endangered Species? (12/08/12)
Don Cripe
The role of alternative dispute resolution has always been the ugly cousin of litigation. Lawyers were trained that the only means to a just end was a trial by jury. Of course, seasoned lawyers, particularly those who have suffered surprising and disappointing outcomes of jury trials, are slowly realizing that may not be the case.

How to Handle Expert Witnesses with Disciplinary Charges/Orders (11/30/12)
John Bratt
It can sometimes be difficult to locate medical providers who will treat patients who were injured in accidents or on the job. If the patient was injured in an accident, the physician may have to wait for payment until the personal injury case resolves. In the case of a work-related injury, the physician must by law accept payment according to the fee schedule set by the Maryland Worker’s Compensation Commission, which is usually far less than the rates paid by private insurers. Many medical providers aren’t willing to accept these conditions, so the few who will are an invaluable resource for Maryland personal injury lawyers and our clients.

Supreme Court Decides Yet Another Arbitration Case (11/30/12)
Jill Gross
The decision offers no new law: it just reiterates and reaffirms fundamental principles of the Court’s FAA jurisprudence, including broad FAA preemption, separability, and the power of the arbitrators to decide the enforceability of contracts containing an arbitration clause.

Arbitrating in China – What Interim Measures are Available from the Courts? (11/26/12)
Stuart Dutson
The recent revisions to the Chinese Civil Procedure Law (the “CPL”) made some significant amendments to the arbitration law in China. In particular, the new CPL for the first time provides for pre-arbitration preservation measures to be available from the Chinese courts. The revisions will come into force on January 1, 2013.

Defense Research Institute Poll Shows Most People are Confident in the Fairness of Our Civil Courts (11/11/12)
John Bratt
A poll recently released by the Defense Research Institute found that an overwhelming majority of respondents found that our civil courts are fair. Check out the DRI’s release, explained below. Note that the headline says “41% Doubt Fairness of Civil Courts” when the article explains that 58% expressed confidence in court decisions.

Mediation is Underused in Civil Cases (11/10/12)
Don Cripe
Don Cripe is a law professor and experienced attorney/mediator. He shares his point of view as a lawyer, giving insight into how lawyers view and use the mediation process.

Is Mediation Overused? (11/10/12)
Richard G. Spier
I recognize that there has been big growth in my industry of private mediators and that courts increasingly have mandatory settlement conferences for cases past a certain time after filing, but I still have the perception that lawyers did not take most civil actions before a mediator or settlement judge. I believe that there is value in the jury trial system and that more cases should be taken through a complete trial.

Neighbor Tree Dispute (10/19/12)
Jim W Hildreth
This article gives a great example of a real mediation between two neighbors. Both neighbors faced a tree dispute with very different motives for wanting the case resolved.

An Open Letter from the ABA (10/19/12)
Kim Taylor
Conflict is an inevitable part of life — from our jobs, to our families to our communities. Sometimes, serious situations can’t be solved by the people involved. The first place we think of going to is the courthouse. But it is not the only place. If your case could be heard fairly and resolved quickly without a judge or jury, would you consider it?

Eleventh Circuit Determines That Some But Not Claims Must Be Arbitrated (10/12/12)
Louis Solomon
Jane Doe v. Princess Cruise Lines, Ltd., No. 10-10809 (11th Cir. 2011), addresses the important necessity of careful corporate drafting of international arbitration provisions, a topic we have posted on in the past.

Swiss Parliament Initiates Review Process of the Swiss Arbitration Law (10/12/12)
Matthias Scherer
On 27 September 2012, the Swiss Parliament adopted a motion that had been introduced earlier this year tasking the Government to prepare a report on the Swiss Arbitration Law (chapter 12 of the Federal Act on Private International Law (PILA)). The objective of the report is to further enhance the attractiveness of Switzerland as a place of arbitration.

Alternatives to Arbitration (10/06/12)
Michael P. Carbone
The question whether arbitration is a good idea or not is constantly being debated. Those who believe that it is not a good idea should be aware that California law provides other alternatives to arbitration besides litigation.

AudioBlog: Mediate Don’t Litigate: Part One -The High Cost Of Going To Court (10/06/12)
Patricia Porter
Have you ever heard someone threaten “I’ll see you in court!”? If this has happened to you, or if you have ever thought of suing someone, join us to hear Stephen Kotev interview attorney and mediator Daniel Preston Dozier to find out how much litigation really costs, and the hidden pitfalls of actually taking someone to court.

Mass Procedures as a Form of 'Regulatory Arbitration' (9/21/12)
Victoria VanBuren
Commentators and counsel agree that Abaclat v. Argentine Republic is one of the most important investment arbitrations in recent years. Described alternatively as “unprecedented,” a “landmark ruling” and a “quantum leap,” the jurisdictional and dissenting awards were voted the most controversial arbitration decisions of 2011 by experts in the field.

Delaware’s Chancery Court Arbitration Procedure Ruled Unconstitutional (9/14/12)
Jennifer Shack
Last year, the Delaware Coalition for Open Government sued Delaware’s Chancery Court judges for operating a private arbitration system. Empowered by legislation passed in 2009, the judges were acting as arbitrators in business disputes, which, the Coalition argued, effectively made court proceedings confidential.

An Update To Proposed Mediation Regulation (9/11/12)
Phyllis Pollack
On August 3, 2012, I posted a blog about Resolution SR-05-01-2012 that was proposed to the California Conference of Bar Associations by Bay Area Lawyers For Individual Freedom. Jo Hoenninger, Esq. is its author. The proposed resolution, if passed by the Conference at California’s Annual State Bar Convention would not only change the definition of “mediator” in California but also implement mediator regulation by the State Bar of California.

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