Janice Countess MA, APM COUNTESS, KINGETT MEDIATION SERVICES LLC Gov't ADR Articles

Long-Running Dispute over California Courthouse Construction Resolved in Mediation (11/10/09)
Keith Seat

A five-year, $50 million construction project for a courthouse in Santa Clara County resulted in assertions of faulty construction by the county and counter-assertions of faulty design and $17 million in change orders by the contractor. After a two day mediation, the parties agreed to resolve all claims against each other and from subcontractors for payments by the county of $8.1 million. Although the county Supervisor had predicted that the county would come away with money for the faulty work, he stated after the mediation that the settlement was worthwhile to avoid the burden and expense of litigation and that it was time to let the dispute go.

Gilroy Dispatch (September 14, 2009)

California Senate Uses Mediation to Avoid Legislative Action (11/03/09)
Keith Seat

The president pro tempore of the California Senate pulled legislation and sent it to outside mediation in order to prevent the Senate from overriding environmental laws to make it easier for Los Angeles to attract a professional football team with a new stadium. The president pro tempore has used mediation in this way before on transportation projects; he views negotiation as the preferred way of working out roadblocks, rather than precedent setting legislation that would ease environmental and land-use regulations for the stadium.

San Diego Union-Tribune (Sept. 12, 2009)

Milwaukee Using Mediation to Resolve Police Complaints (10/06/09)
Keith Seat

A new system for complaints against police in Milwaukee, Wisconsin, resulted in litigation by the police union, which ended with agreement over use of mediation in the complaint process. Larger issues are being sent to an outside mediator, and both officers and complainants have been very satisfied. The police chief is encouraging officers to participate in mediation whenever possible.

Fresno Bee (September 21, 2009) (Subscription Required)

Mediating With Uncle Sam (9/21/09)
Phyllis Pollack
My husband is a customs lawyer. He specializes in import-export law and international trade. Thus, for the most part, he represents importers who are at odds with U.S. Customs and Border Protection (“CBP”); that is, the U.S. Government. When the issue winds up in federal court, he is dealing with an Assistant U.S. Attorney or an attorney in the Department of Justice, Civil Division, Commercial Litigation Branch. Being a mediator, I always recommend that he use mediation to resolve his cases. His response is that he is dealing with the Government, and it does not mediate.

West Virginia Grievance Board Adds Mediation to Streamline Process (9/08/09)
Keith Seat

The West Virginia Public Employees Grievance Board was created two years ago by the state legislature to improve the previous system which was slow and expensive. The new Board reduced the existing four-step system to only three steps, but added mediation as the second step prior to an administrative law judge hearing. Mediation relies on a mediator from the Board or a private mediator chosen by the worker. Although some 2,500 grievances are filed a year, the Board has eliminated the backlog through the mediation process, which resolves about thirty percent of the cases that get to that step.

Daily Mail (July 29, 2009)

Mediators Support President’s Beer Summit (9/08/09)
Keith Seat

Various mediation organizations and mediators spoke out in favor of mediation of the conflict between Professor Henry Gates and Sergeant James Crowley or of President Obama’s specific efforts to bring the men together in an effort to improve their communication and understanding of each other. However, while food or beverages can benefit a mediation, beer was questioned as a general purpose mediation tool.

Newsplex.com (July 30, 2009); Forbes.com (July 30, 2009); Wall Street Journal Law Blog (July 24, 2009); Boston.com (July 24, 2009); Settle It Now Blog (July 24, 2009)

Parliamentary Inquiry Proposes Mediation to Resolve Disputes Between Police and Protesters (8/25/09)
Keith Seat

Following one death and hundreds of complaints about police conduct in controlling demonstrators at the April G20 summit in London, a parliamentary inquiry by the Joint Committee on Human Rights proposed that independent mediators be used. The Committee report blamed both police and demonstrators for failing to communicate prior to the protests, leading to excessive violence, and noted that improved communication and dispute resolution may be achieved through mediation between the police and protesters in the future.

Reuters (July 28, 2009); Guardian (July 28, 2009)

California Attorney General Offers to Mediate Environmental Dispute (8/25/09)
Keith Seat

Litigation brought by three environmental groups against Chevron over an upgrade of its refinery in Richmond, California resulted in an order to stop work, which led to layoffs of 1,000 construction workers. State Attorney General Jerry Brown offered to mediate and suggested the issues could be resolved quickly. The Richmond City Council unanimously passed a supporting resolution and the environmental groups stated they are willing to participate. Chevron is not interested, as private mediation is still under way making other mediation proposals premature, according to a spokesperson.

CBS5 (July 22, 2009)

Procedimiento conciliatorio en Colombia, Parte 2 (7/26/09)
Harbey Peña Sandoval
El presente es el segundo de cinco documentos que tienen como objetivo describir las etapas que integran el procedimiento conciliatorio en Colombia.

Washington County Requires Mediation in Land-Use Disputes (7/21/09)
Keith Seat

The commissioners of Kitsap County, Washington now require mediation of land-use disputes prior to seeking a hearing examiner decision, which may result in an appeal to the county commissioners. The effort to require mediation began after a controversial case involving three appeals was settled late in the process; the commissioners decided to encourage parties to get straight to the compromise and avoid the appeals.

Kitsap Sun (June 24, 2009)

Legislation Introduced to Extend Federal Agricultural Mediation Program (7/21/09)
Keith Seat

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

Pennsylvania County Mediation Program Criticized for Resolving Property Reassessment Challenges (7/21/09)
Keith Seat

All 400 cases mediated with property owners who challenged their property assessments have settled since Luzerne County’s mandatory mediation program began in December 2008. To settle the challenges, reductions in assessed value amounting to $31.6 million have been made. The Pennsylvania county’s reassessment company is arguing in court that the county is contractually required to pay the company to defend assessment appeals and to participate in the mediations, which it opposed. The company, which has been paid $8 million for its reassessment work, alleges that the modifications have been made without adequate basis, reducing tax and school revenues by hundreds of thousands of dollars, but the county stands behind the mediation process. The county has about another 1,600 mediations to go.

Standard Speaker (May 26, 2009); The Times Leader (May 28, 2009) (Subscription Required); The Times Leader (June 30, 2009) (Subscription Required)

Early Mediation Becoming More Common in Midwest (7/21/09)
Keith Seat

Mediators and counsel in the Chicago area report seeing many more commercial disputes being mediated prior to litigation being filed. Some attribute it to the economic climate, while others believe it may be the natural result of court programs in recent years encouraging parties to mediate. The Cook County Circuit Court’s Law Division began a mediation program five years ago, while the court’s Chancery Division began a mediation program in early 2007, both of which result in hundreds of mediated cases each year. While counsel are more willing to work out disputes earlier, some also observe that lawyers are increasingly reluctant to pay a mediator until after they first try to settle the matter through direct negotiations.

Chicago Daily Law Bulletin (June 25, 2009) (Subscription Required)

Procedimiento conciliatorio en Colombia (7/12/09)
Harbey Peña Sandoval
El presente es el primero de cinco documentos que tienen como objetivo describir las etapas que integran el procedimiento conciliatorio en Colombia. En esta parte, se analizará la solicitud de conciliación desde un punto de vista jurídico.

Wisconsin Smart Growth Requirements Provide Mediation Opportunities (6/22/09)
Keith Seat

Wisconsin counties, cities and towns are required to complete comprehensive smart growth plans covering utilities, economic development, housing, transportation, intergovernmental relations and more under the Wisconsin Comprehensive Planning Law, enacted in 1999, which contains a deadline of next January 1. The state has been offering $2 million a year in grants to help local governments develop their plans, which involve complex planning that can be aided by mediation, especially in furthering cooperation among communities. The Department of Administration maintains a roster of dispute resolution providers who can assist in intergovernmental and related issues. Once the January 1 deadline arrives, local governments may only take action consistent with their comprehensive plans. Completed smart growth plans range from 100 to 500 pages in length.

Wisconsin Law Journal (May 25, 2009)

Pennsylvania County’s Use of Mediation in Property Reassessment Limits Litigation (6/22/09)
Keith Seat

Luzerne County, Pennsylvania has used a mandatory mediation program for property owners who wish to challenge their property assessments following a formal appeal. The county is reassessing all property in the county for first time since 1965, and about 2,000 court appeals have been filed, of which more than 500 have been settled in mediation. The county has just hired outside counsel in one case, which is intended to permit mediation to continue settling other cases without delay.

Standard Speaker (May 26, 2009)

Joint Resolution Encourages Governor and Union to Mediate (6/15/09)
Keith Seat

With the governor of Vermont beginning layoffs that could eliminate 400 state employees in an effort to reduce costs, the legislature passed a joint resolution calling on the administration and the Vermont State Employees’ Association to enter into mediation over how to come up with state payroll savings. The resolution gives the mediation two weeks to find solutions before the end of the legislative session.

Vermont Business Magazine (April 24, 2009)

Agricultural Commission May Become Mediation Board (5/13/09)
Keith Seat

Following a model suggested by the state, a proposed town “right to farm” bylaw would provide information to people moving near farms and begin a mediation program for disputes that arise between farmers and their neighbors. The bylaw of the Massachusetts’ town would establish the mediation service in the Agricultural Commission, as a first resource for disputes.

The Republican (April 7, 2009)

Governor Uses Mediation Confidentiality to Shield Deal with Power Plant (5/13/09)
Keith Seat

The confidentiality of mediation is preventing dissemination of details about an agreement that was negotiated between the state of Washington and the only coal-fired power plant in the state. The owner of the plant agreed to significant emission reductions, but critics question whether the state could have done better. Open government advocates are concerned about the public-records exemption for mediation confidentiality.

The News Tribune (April 8, 2009)

Mediation Helps Prepare Inmates for Release (5/13/09)
Keith Seat

The Maryland Division of Correction is expanding to a medium security prison its pre-release mediation program for inmates. The program is voluntary for inmates, allowing them to attend up to three mediation sessions with the person who will provide a home for them once they are released. The mediation program helps resolve conflicts that may lead to future trouble, giving the inmates a better chance at success once they are released.

The Examiner (April 14, 2009)

Ha muerto en estos días un líder argentino de la paz - Raúl Alfonsín (4/22/09)
Rene Llapur
Ha muerto un líder de la pacificación argentina, el ex presidente Raúl Alfonsín, (1927-2009), que inauguró en 1983, luego de elecciones presidenciales libres, el período de democracia más extendido, ininterrumpido desde 1983 hasta hoy.

Oregon State Agency Dispute Resolution Programs and Collaborative Problem-Solving Activities (4/10/09)
Mike Niemeyer
On April 2nd, 2009 the Oregon Department of Justice published a report on state agency dispute resolution programs. The report reviews the impacts, trends and activities of Oregon’s dispute resolution programs and collaborative problem-solving efforts over the last two years.

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).

Texas Regulation Offers Mediation Option in Taxable Value Protests (3/05/09)
Keith Seat

Mediation of protests over the Texas Comptroller of Public Accounts’ preliminary findings of taxable value may be requested by the petitioner pursuant to regulations adopted on January 23, 2009. The mediator is to be selected by the Comptroller and any agreements reached must be documented in writing and signed by all parties. If all issues are not resolved in mediation, either party may request a hearing.

Regalert (January 23, 2009) (Subscription Required)

Whats' New