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The Internal Revenue Service has expanded and refined its mediation program in the Appeals administrative process, which was first introduced over a decade ago. Participation in mediation is voluntary for both the taxpayer and the agency. Among other procedures set forth, the mediator will be an IRS employee trained in mediation and compensated by the agency, while the taxpayer can pay for a non-IRS mediator to join as a co-mediator and can participate in the co-mediator’s selection with the agency. If mediation does not resolve all issues, the parties may request arbitration in appropriate circumstances.
Journal of Accountancy (September 11, 2009).

A University of Minnesota study shows that mediation of farm debt has dramatically increased over the last year, with a jump from 133 open cases in July 2008 to 488 cases in July 2009. In total, 2,000 mediation matters were opened in 2008, with negotiation of over $150 million in debt, and 2009 has seen significant increases. Creditors with secured debts over $5,000 against agricultural property in Minnesota are required to offer mediation prior to judgment collection, repossession or foreclosure. Farmers choosing mediation have 90-days to work with lenders to renegotiate their debts.
Business Journal (August 21, 2009); Hutchinson Leader (August 15, 2009)


The Certified State Agricultural Mediation Program, administered by the Farm Service Agency of the U.S. Department of Agriculture, helps farmers resolve disputes with lenders and others in order to avoid litigation, appeals, bankruptcy and foreclosure. Legislation has been introduced to extend by five years the Mediation Program, which provides matching federal grants to 35 states.
WIBW (June 26, 2009); USDA Agricultural Mediation Program

The certification process of the International Mediation Institute (IMI) is moving forward, as over 1,000 experienced mediators from 35 countries registered with IMI prior to the closing of the “experience qualification path” on June 30. About 100 mediators have completed their profiles and are now publicly searchable in IMI’s databases, and the profiles of all registered mediators are to be completed by the end of September. IMI is now moving to the next stage in which assessment programs will be developed to qualify other mediators for certification on a wider scale. IMI has been working on a global system to certify the competence of mediators since being established as a non-profit foundation in The Netherlands in April 2007 by the American Arbitration Association, the Netherlands Mediation Institute, and the Singapore Mediation Centre/Singapore International Arbitration Centre.

Delphi Corp., General Motors Corp., the Treasury Department’s auto task force and other lenders were ordered into mediation by the federal bankruptcy court handling Delphi’s bankruptcy. The role of General Motors in funding its auto-parts supplier is a central issue. While acknowledging that good faith negotiations were occurring, the court concluded that mediation may be helpful to find a consensual resolution of the bankruptcy cases.
Bloomberg (USA) (May 22, 2009)

Despite inertia, business disputes in Michigan are increasingly being resolved through mediation, rather than litigation or arbitration. However, businesses may often wait too long and participate in mediation only when directed by the court, when they could benefit by seeking out mediation sooner. It is particularly important in the current economic climate to keep down litigation costs and get a settlement in mediation rather than waiting for a later judgment that may not be collectible.
Michigan Lawyers Weekly (April 6, 2009) (Subscription Required)

A possible last minute compromise between copyright holders and internet service providers would rely on independent mediators to help resolve internet piracy complaints. Mediation would replace an obligation on ISPs and server operators to investigate piracy complaints and bar clients from the web, which would be imposed by the revised Copyright Act. Advocates of internet freedom marched on Parliament to protest the legislation, which was set to take effect at the end of February.
New Zealand Herald (February 20, 2009)





The Consumer Affairs Mediation Center of the Nebraska attorney general’s office handled over 4,100 complaints and recovered almost $1 million for consumers in 2008. With fifteen full-time staff members, the Nebraska Mediation Center also helps consumers avoid scams and sends consumers on to counsel in the attorney general’s office if the circumstances warrant litigation. Similarly, in Iowa, the Consumer Protection Division of the Iowa attorney general’s office obtained benefits of over $1.3 million for consumers in 2008.
Lincoln Journal Star(January 4, 2009) (Subscription Required); Omaha World-Herald (January 23, 2009) (Subscription Required)

The Nebraska Department of Agriculture’s Farm Mediation Service conducts monthly informational workshops on issues of farm finances, debt restructuring and other legal issues in an effort to help those it serves solve problems themselves. Recent workshops have focused on farmers’ obligations under forward contracts for grain in light of the uncertainties created by the bankruptcy of a major ethanol producer. The numbers attending the clinics has increased over the last five years, but the number of mediations in the program has not increased.
Grand Island Independent (December 30, 2008)


Missouri’s attorney general recovered $9.5 million for consumers through mediation in 2008, exceeding the previous mediation record, plus an additional $6 million through civil and criminal litigation. The attorney general’s office handled about 120,000 contacts from consumers during 2008, including over 40,000 formal complaints.
US State News (December 30, 2008) (Subscription Required)


The U.S. International Trade Commission has launched a pilot mediation program for section 337 investigations, as an initial step towards a permanent mediation program. Participation by parties in the pilot program is voluntary. The program relies on pro bono mediators, most of whom also mediate in the U.S. Court of Appeals for the Federal Circuit. While mediation is confidential and the Commission investigative attorney will not participate or have knowledge of the mediation, the investigative attorney may review any settlement agreement that results from mediation in order to make a recommendation on whether the settlement is in the public interest.
U.S. International Trade Commission Notice 73 Fed. Reg. 65,615 (November 4, 2008); Pilot Mediation Program Information

Montana farmers are considering a proposal to use mediation to resolve disputes over grain freight rates with BNSF Railway. Grain producers currently are not considered shippers by the Surface Transportation Board despite paying the freight, and must rely on grain elevator companies to file cases. The proposed agreement with BNSF would first rely on mediation and then resolve any remaining issues with binding arbitration by an independent arbitration board.
Great Falls Tribune (October 16, 2008)

