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Blog Postings 06/29/09
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The Texas House of Representatives passed, without any opposition, legislation that would authorize cities and counties to establish pretrial victim-offender mediation programs for misdemeanors and certain felonies. Under H.B. 2139, mediation would only occur with the consent of both victim and defendant, and would result in charges being dismissed against the defendant if an agreement was reached which included an apology along with restitution or community service by the defendant. The mediators need not be trained and the programs may charge defendants up to $500 in fees. The legislation was amended before passage to also include a juvenile victim-offender pilot program.
Texas H.B. 2139; Amendment for Juvenile Pilot (April 24, 2009) 0
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) 0
Peer mediation of schoolyard disputes by trained student mediators is a helpful solution to reduce or prevent acts of bullying and other forms of conflict and lack of respect among students. Society increasingly is finding schoolyard bullying and violence unacceptable, and schools increasingly are being held legally liable. Peer mediation helps address minor disputes before they escalate and boasts success rates of 65 to 75 percent. Further, peer mediation programs help reduce potential liability by showing that school districts are doing what they can to prevent problems among students.
New Jersey Law Journal (January 5, 2008) (Subscription Only) 0
CeaseFire, an anti-violence program in Chicago, has been successfully using mediation to reduce homicides since 2000. When shootings occur, trained mediators reach out to try to break the cycle of violence and prevent retaliation. Many of the paid mediators were former gang members who have access to and credibility with current gang members. The CeaseFire program has expanded to 15 Chicago neighborhoods and five other Illinois cities, and has been replicated in Baltimore, Cincinnati and Newark, New Jersey. Kansas City, Missouri has been working to develop a similar anti-violence program with a mediation component to address increasing homicide rates, but daunting organizational and funding challenges have thus far hampered the pilot project.
Pitch Weekly (November 20, 2008); CeaseFire Website 0
In order to efficiently satisfy new requirements by the Equal Employment Opportunity Commission for a firewall between mediation and charge investigations, the Human Rights Commissions in a Virginia county and city began offering mediation services to the other Commission, avoiding overlap without the cost of establishing stand-alone mediation programs in each group. The achievement award for the innovative program was given by the National Association of Counties.
Inside NoVA (June 22, 2008) 0
The Dispute Resolution Foundation in Jamaica is seeking to raise funds for at least 30 peace and justice centers, which will be the focal point for dispute resolution efforts across the island. In addition to Jamaican government agencies, the Foundation is looking to the United Nations and other partners for sustained funding for the centers, which will train and rely on volunteers.
Jamaica Gleaner (December 11, 2007) 0
Japan’s Cabinet Office plans to improve mediation services for consumers harmed by illegal business practices and defective products by creating a new Alternative Dispute Resolution system at the National Consumer Affairs Center. After submission of a final report in September, legislation will likely be introduced to give the Center greater authority to conduct mediations and resolve matters, including authority to request companies to participate, present materials and execute agreements with consumers. Sufficient resources are also needed to ensure success, as the Center’s workload is already heavy. This proposal reflects the gradual change in Japan’s approach to consumer protection, which is moving from reliance on extensive regulation to greater enforcement by consumers through the legal system.
Daily Yomiuri (August 8, 2007) (Subscription Required) 0
