The annual report on the Farmer-Lender Mediation Program in Minnesota shows further increase in the use of mediation in the program. In 2010, farm enterprises and lenders completed over 400 mediations involving $624 million in debt, which was nearly double the amount in 2009. 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.

Cattle Network (November 22, 2010); 2010 Report

The U.S. Equal Employment Opportunity Commission reports that in fiscal 2010 it set records both for the number of charges received, at just under 100,000, and the number of resolutions in its mediation program, which were up ten percent. The agency also set a record for the amount of monetary relief obtained for individuals, at $319 million, of which over $140 million was obtained in mediations.

New York Injury News.com (December 11, 2010); Press Release (November 23, 2010)

The Agricultural Mediation Service of North Dakota has been authorized to expand beyond helping farmers, ranchers and their creditors to addressing disputes between landowners, producers and energy companies. While the mediation program is voluntary and requires agreement to participate by both sides, the leading oil and gas industry organization in the state, the North Dakota Petroleum Council, is encouraging its members to use mediation to maintain strong relationships with surface owners.

Grand Forks Herald (October 11, 2010)

A commission of the Missouri Supreme Court has issued a report proposing revisions to the state’s mediation rule, including court-ordered mediation in all civil cases with a demand over $25,000. The commission also considered the Uniform Mediation Act, but proposes merely to clarify the state’s current rules on admissibility and confidentiality. While recognizing that mandatory mediation may be a challenge in rural areas where mediation is less common, the commission was influenced by the national trend towards mediation. The commission began with surveys that showed a high level of use and satisfaction with mediation in Missouri and a majority favoring court-ordered mediation in all cases. The commission is seeking input on its proposals by early December and expects the Court to act by next summer.

All Business (September 26, 2010)

The British Secretary of State for Culture, Communications and Creative Industries is proposing a new mediation service to give an additional means of redress to consumers concerned about breaches of online privacy or seeking to get inaccurate personal information removed from the internet. The Minister is also pushing an updated code of internet conduct and seeking to meet with internet service providers and other key players to encourage their participation.

Guardian.co.uk (November 3, 2010); Telegraph.co.uk (November 2, 2010)

While the mayor of Tulsa, Oklahoma continues to favor formal mediation to resolve pending legal issues and other disputes with the City Council, the council has concluded that it should only participate in facilitated open meetings in order to comply with the Oklahoma Open Meeting Act. An earlier plan for council members to meet in smaller closed groups to determine the ground rules for an open meeting has been rejected as improper circumvention of the Open Meetings Act. Potential issues include a criminal probe, actual and threatened litigation and an ethics complaint, but the mayor is awaiting communication about the exact purpose of the open meeting. The mayor says he is likely to attend, but is concerned about the posturing, cheap shots and criticism that are likely at open meetings.

Tulsa World.com (September 4, 2010)

The Small Business Association recently modified its regulations covering appeals before its Office of Hearings and Appeals, including two provisions to encourage greater use of alternative dispute resolution. The first adds Sec. 134.216(b) to permit a judge to offer ADR to the parties at any time. The second provision adds Sec. 134.216(c) to permit designation of either a judge or an OHA attorney to serve as an ADR neutral. Other clarified provisions which address mediation are in section 134.804-807.

Federal Register.gov (August 6, 2010)

The mayor of Tulsa, Oklahoma and the City Council are embroiled in numerous disputes between them and are discussing mediation as a possible avenue for resolution. The current list of nine potential agenda items for mediation includes a criminal probe, actual and threatened litigation and an ethics complaint. A former Oklahoma Supreme Court justice and another retired judge are being considered to act as co-mediators. The City Council is taking a formal vote on whether to mediate the disputes. How the Oklahoma Open Meeting Act would impact the mediation is also being analyzed. The former justice emphasized the importance of mediation confidentiality, but stated that confidentiality is consistent with the Open Meeting Act as long as the mediation only discusses proposals, with the Council publicly voting on whether to mediate and on the issues to be mediated, and then publicly explaining, justifying and voting on any resolution at the end of the process.

Tulsa World.com (July 31, 2010); Tulsa World.com (August 18, 2010); Tulsa World.com (August 24, 2010)

Five New York City hospitals have agreed to participate in a three-year mediation pilot program, which is receiving $3 million in federal funding. Under the program, hospitals will admit medical mistakes early, offer settlements more quickly and use judges to mediate disputes. The goal is to cut medical-malpractice costs and reduce the $1.4 billion spent on med-mal premiums in New York state each year. The Wall Street Journal (July 23, 2010)

As widely reported, Kenneth Feinberg has been appointed the independent claims administrator for the $20 billion BP compensation fund for the extensive damages caused by its ongoing oil spill. BP has established more than 400 claim centers across the Gulf Coast and is also accepting claims through its website and by telephone. Feinberg will be paid by BP, although the amount is still being negotiated.

Business week.com (May 26, 2010); Daily Finance.com(June 20, 2010); USA Today (June 28, 2010)

An editorial in the Washington Post entitled “Congress needs a mediation tool to dissolve gridlock” emphasizes the need to build consensus in Congress to avoid stalemates and the dysfunction that has resulted in approval ratings for Congress falling below 25 percent. The editorial emphasizes the importance of good process, and suggests establishing a politically neutral service to provide legislative mediation organized along the lines of the Congressional Budget Office. A legislative mediation service could enrich the policy debate by highlighting information in a nonpartisan manner. And when requested by legislators, mediation techniques could be used to help the parties understand their interests, generate possible solutions and help find common ground.

Washington Post (June 18, 2010)

A routine traffic stop led to violence between police officers and a crowd in Lake Wales, Florida in November. After the local NAACP chapter began talks with the city, the U.S. Department of Justice began meeting in December and reached a mediation agreement in March. DOJ used its new mediation program called City Site Problem Identifying and Resolving Issues Together (City SPIRIT). The Lake Wales agreement includes representation of African-American and other minorities in city government and budget decisions, as well as improving communications and cultural sensitivity through training programs.

News Chief.com (March 30, 2010)