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Mediation Today6/30: Sign Here, Please — the Final Mediation Paperwork read 6/30: From Co-op & Condo Monthly: Conflict Resolution Saves Money...and Community read 6/30: Explaining the CT Foreclosure Mediation Program read 6/30: NV Supreme Court OKs rules for foreclosure program read 6/29: Center welcomes Kolb as director read 6/29: Irish Times: Mediation in debt management read 6/29: US Sen. Harkin: Introduces bipartisan agriculture mediation bill read 6/27: Kansas Senator Moves To Continue Agriculture Mediation Program read 6/27: Mediator attempts to avert BART strike read 6/27: NV Supreme Court urged to extend foreclosure mediation read read all Blog Postings 06/29/09
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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)
After a 74-acre commercial project was blocked by the Columbia (MO) City Council, the developer entered into mediation with two neighborhood associations and, after nearly a month of negotiations, agreed to add a layer of restrictions on the development, which was sufficient to obtain City Council approval. The developer concluded that the mediation process improved plans for the development, but one of the neighborhood association leaders expressed frustration by the confidentiality of the mediation process when dealing with community issues.
Columbia Daily Tribune (August 19, 2008); Columbia Daily Tribune (August 17, 2008); Columbia Daily Tribune(July 11, 2008) (Subscription Required)
The Maryland Department of Agriculture is encouraging farmers to mediate disputes with neighbors, family, government agencies and lenders using the Maryland Agricultural Conflict Resolution Service (ACReS). Mediation services are available at modest or no cost, depending on income levels, with a free initial consultation and shared costs if additional sessions are needed. Under state legislation passed in 2006, mediation is sometimes required prior to filing suit against an agricultural operation.
US State News (July 29, 2008) (Subscription Required)
