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    6/30: 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
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Blog Postings
of the Week

06/29/09
  • Friday News Round Up
  • UDR: An Introduction To Unconventional Dispute Resolution
  • Negotiating God: A Sunday Reflection
  • By Popular Demand
  • 5 Powerful Interests That Influence What People Buy
  • The Dilemma Of Confidential Information
  • Why Use Metaphors In Conflicts? Because Understanding Is Remembering In Disguise
  • Real World Example — Negotiating a Dismissal
  • Put Conflict Resolution On The Climate Change Conference Agenda
  • Selective Perception
  • Transformative Mediation Misunderstood
  • Mediation Credentialing: What About Mediation Trainers?
  • Taking Escalates More Than Giving De-Escalates — How That Affects Mediation And Negotiation

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Keith Seat's
Mediation News

06/22/09
  • Wisconsin Smart Growth Requirements Provide Mediation Opportunities
  • Court Requires Mediation in Auto-Parts Maker’s Bankruptcy
  • Pennsylvania County’s Use of Mediation in Property Reassessment Limits Litigation
  • Hazardous Mediation Duty

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xxKeith Seat
Court Requires Mediation in Auto-Parts Maker’s Bankruptcy (6/22/09)
Keith Seat

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)

xxKeith Seat
Michigan Businesses Slowly Shifting Towards Mediation (6/15/09)
Keith Seat

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)


Kamikaze Conflict – How Might It Damage Your Franchise System? (4/23/09)
Lorelle Frazer, Jeff Giddings, Scott Weaven
This article considers the circumstances in which business franchise disputes can turn toxic. The complex nature of the relationship between franchisee and franchisor, which involves instances both of common and of competing interests, can lead to parties in conflict acting in ways which are detrimental to their own business interests in an effort to damage the interests of their franchise partner. We refer to this as 'kamikaze conflict' and explore what steps might be taken by franchisors in particular to anticipate and address such difficulties.

xxKeith Seat
New Zealand Considering Ongoing Mediation Role for Online Piracy Disputes (4/01/09)
Keith Seat

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)

xxMichael McIlwrath
Can Mediation Evolve into a Global Profession? (3/24/09)
Michael McIlwrath
Mediation is an organism that thrives in particular niche ecosystems like the UK, Australia, and North America. The question is whether it can thrive in other locations, and whether it can be used to resolve cross-border disputes. Anyone who has experienced mediation will understand its potential to grow and flourish as a critical part of a globally inter-connected economy, but it would be folly to ignore the challenges in breaking out of a local niche practice.   1 Comment

xxKeith Seat
Update on Home Foreclosure Mediation (3/15/09)
Keith Seat
Updates on home foreclosure mediation and other critical mediation practice news are chronicled by Keith Seat in Mediation News (available to Mediate.com Premium Members).   1 Comment

xxIrena Vanenkova
The Unique Value of Becoming IMI Certified (2/25/09)
Irena Vanenkova
A practical solution to a fundamental problem has arrived - a global online certification scheme to enable credible details on only the world’s most competent and experienced mediators to be searched on a single search engine. What is going on and why?

xxJohn DeGroote
Negotiating a Debt Restructuring: The Out of Office AutoReply (2/23/09)
John DeGroote
As I write this I’m on yet another plane ride, but this one’s different. I’m flying home following some of the most intense, important negotiations I’ll ever be a part of. This isn’t a post about the details of our negotiations, since it’ll never be appropriate to write about most of those. Today I write simply to ask for your patience, because I won’t be posting much for the next month or two.

xxMichael Leathes
A Perfect Storm is Gathering (2/18/09)
Michael Leathes
A Perfect Storm is gathering, comprising the effects of severe economic downturn, the alacrity with which corporate law departments seek greater transparency and outcome certainty, and new tools in the field of information and communication technology. This convergence provokes serious changes in attitude and approach by all dispute resolution stakeholders – especially trial lawyers, mediators and mediation provider organizations. The status quo has had its day. Good news for those nimble enough to adapt quickly. This article is jointly written by a group of twelve institutional users of mediation services.   3 Comments

xxKeith Seat
States Using Mediation to Provide Consumer Restitution (2/17/09)
Keith Seat

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)

xxKeith Seat
Nebraska Mediation Program Expands Information Provided (2/04/09)
Keith Seat

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)

xxKeith Seat
Update on State Programs for Mediation of Home Foreclosure Disputes (1/21/09)
Keith Seat
  • Connecticut’s foreclosure mediations have saved the homes of about 360 homeowners in the past five months, but the mediation program is reaching less than 30 percent of those eligible. The governor has proposed making the mediation program mandatory for all homeowners facing foreclosure. Mediators in the program report that lenders were initially skeptical, but are now willing to participate and actively negotiate solutions. Hartford Business (December 8, 2008)
  • New Jersey has enacted foreclosure prevention legislation which allocates $12 million for additional mediation and counseling through the Housing and Mortgage Finance Agency, and $500,000 for state courts to provide mediation services to homeowners facing foreclosure, Bizjournals.com (December 1, 2008)
  • In order to implement the New Jersey Residential Foreclosure Mediation Program, the state Supreme Court has relaxed several court rules, including minimum requirements for mediators in the program. New Jersey Law Journal (November 24, 2008) (Subscription Required); New Jersey Foreclosure Mediation Information and Forms
  • Wisconsin is considering legislation that would require lenders to offer mediation to homeowners before proceeding with foreclosure. Milwaukee Journal Sentinel (December 12, 2008)
  • Legislation modeled on the 1986 Farmer-Lender Mediation Act is proposed in Minnesota to curb home foreclosures by giving homeowners the right to request mediation in an effort to renegotiate their mortgage terms with lenders. Bizjournals.com (November 21, 2008)


xxKeith Seat
Mediation Successful in Providing Consumer Restitution (1/21/09)
Keith Seat

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)

xxJohn DeGroote
What High-Low Agreements Can Do for You: Settlement Structures Part III (12/23/08)
John DeGroote
The fiscal year ends in just two weeks, and for some reason your client’s auditors keep focusing on that Acme Tool case. It’s been around all year, but somehow they won’t let go of Acme’s claim for punitive damages. You know punitives are out of the question and your opponent probably knows it, too, but accountants aren’t much for hunches. Since the case isn’t ready for settlement, Acme Tool’s claim makes its way to your auditor’s punch list for later discussion. Do you have a choice here?

xxKeith Seat
International Trade Commission Begins Pilot Mediation Program (12/17/08)
Keith Seat

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

xxKeith Seat
Mediation Process Proposed for Grain Shipping (11/05/08)
Keith Seat

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)

xxAnke Meier
Using Creativity When Negotiating Commercial Disputes – A Challenge For Lawyers? (10/14/08)
Anke Meier
The article entitled “Using Creativity when Negotiating Commercial Disputes – A Challenge for Lawyers?” raises the question if and how lawyers should use creative tools when negotiating disputes in an area of law which typically is highly competitive and litigated.

xxLee Jay Berman
KISS Mediators Rock ABA Conference: Why Would Three Self-Respecting Professional Mediators Play Dress-Up? (10/14/08)
Lee Jay Berman
An interesting name for an ABA conference session, but what does rock and roll have to do with mediation? Answer: it was about a taking a Rock-N-Roll attitude toward mediating commercial cases. But why the make-up?   1 Comment


Mandatory Mediation Programs Help Homeowners Facing Foreclosure (10/14/08)
Jeffrey Krivis, Mariam Zadeh
In light of all the recent dismal activity in the housing market, states across the nation are responding with mandatory mediation programs to provide some form of relief to struggling homeowners.

xxGeoff Sharp
Can settlement orientated mediators like me cherry pick from transformative process? (10/06/08)
Geoff Sharp
Like many commercial mediators I fall in and out of love with transformative mediation all the time.

xxKeith Seat
Detailed Mediation Agreement Flips City Council on Commercial Development (9/23/08)
Keith Seat

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)

xxGeoff Sharp
Commercial Mediation Survey (9/10/08)
Geoff Sharp
Over the last couple of months I have polled, in a fairly unscientific way, some busy commercial litigators who I know to integrate mediation into their practice rather than simply using it to fight fires in an ad hoc kind of way.You may be interested in their answers to questions like these;>Rank the relative significance of these factors when picking a mediator
>Rank the relative significance of these factors when picking...

xxJeff Kichaven
Evaluative Mediation Techniques Help Achieve Success (9/01/08)
Jeff Kichaven
A March 2008 report of the American Bar Association's Task Force on Improving the Quality of Mediation confirms what is obvious to all who participate in commercial mediation: There is "overwhelming support" for the conclusion that lawyers want mediators to provide "analytical input," or, as we more commonly call it, "evaluative mediation." The marketplace has spoken.   4 Comments

xxKeith Seat
Maryland Encourages Agricultural Mediation (8/13/08)
Keith Seat

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)

xxMarta J. Papa
Business Mediation:A Better Way To Resolve Workplace Conflict (8/11/08)
Marta J. Papa
In a situation where there is no process for eliminating conflict other than litigation, resentments build up and productivity plummets. Currently, we are seeing a trend toward solving conflict in the workplace through mediation rather than litigation or other more traditional methods of dispute resolution.   1 Comment

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