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Resolution Today
May 2016
5/03

The New Arbitration Rules Are (Almost) Here

Recent reports indicate that the CFPB will announce a new rule governing arbitration clauses in consumer lending contracts at a field hearing on the subject scheduled in Albuquerque, New Mexico, later this week. read

 

Opening statements in mediation… poisonous or powerful?

There is considerable disagreement over the wisdom or value of having lawyers (or parties) deliver opening remarks during a mediation. Does that approach help achieve a good resolution? Or do those presentations tend to “poison the well” at the outset, making settlement less likely or at least more difficult? read

 

Narrating's a City's Community Mediation Journey

The Peterborough Dialogues, an initiative of Axiom News, has been narrating the unfolding story of a new initiative in its hometown, called Community Mediation Peterborough. read

 

Mediation Talks Yield New Parking Spaces for Zoo

Memphis Mayor Jim Strickland said the mediation talks between the Overton Park Conservancy [OPC] and the Memphis Zoo have yielded two plans that could create up to 325 new parking spots for the zoo. read

 

Mediation begins in equine influenza compensation case

The fight for compensation for losses suffered by horse businesses after the 2007 equine influenza outbreak begins today, with parties meeting for mediation. The horse flu outbreak resulted in the widespread quarantine of horses, which caused big financial losses for equine businesses such as horses breeders, racehorse owners and horse transporters. read

 

iHeart Offers Mediation To Angry Creditors Ahead Of May 16th Court Date

The Company announced that it has entered into mediation to try to explore possible alternatives to the terms of the Company’s existing senior secured indebtedness. read

 
April 2016
4/28

The Upside of Employment Arbitration

A recently completed five-day arbitration with twenty-one witnesses, reminded me of the upsides of employment arbitrations (especially when I compare my situation to that of my colleagues who are preparing for jury trials in similar cases). read

 

Deflategate: Limited Ability to Appeal Arbitration Awards

Nearly all collective bargaining agreements have an arbitration clause for deciding any disputes under the agreement. Beyond the labor arena, employers have increasingly mandated arbitration as the designated forum for resolving employment disputes. With the recent Deflategate decision, we are reminded of the limitations of appealing an arbitrator’s decision. read

 

ACT Brumbies boss Michael Jones and board enter formal mediation as drama continues

ACT Brumbies chairman Robert Kennedy, left, and chief executive Michael Jones will begin formal mediation on Friday. read

 

Knoxville non-profit leaders learn about community violence prevention, gang mediation

Stopping gang violence has been on the mind of many in Knoxville since the deaths of Zaevion Dobson in December and his 12-year-old cousin Jajuan Lathum just a couple weeks ago. They were two kids, innocent victims, caught in the middle of gang shootings. read

 

Ohio bill adds mediation option for public record disputes

Ohio Auditor Dave Yost and Attorney General Mike DeWine support a new bill that would encourage public records disputes to be solved through mediation instead of costly lawsuits. read

 

U.S. Army Europe employees receive art of mediation training

The Defense Equal Opportunity Management Institute provided an opportunity for two dozen U.S. Army Europe Soldiers and Civilians to participate in the Mediation Certification Course, April 11 -- 15. The Department of Army now uses mediation as its preferred technique! read

 

What Might a Mediator Do for the Parties to the Contraceptive Case in the Supreme Court?

Before embarking on a hypothetical mediation between religious employers and the government, let us first review the issue that divides the parties.Might "Transformative Mediation" help? read

 

After Growing Up In Conflict, This Acclaimed Mediator Prefers To Find Common Ground

Mohamed Keshavjee knows a thing or two about conflict. The internationally-acclaimed mediator grew up as an Indian Muslim in South Africa during apartheid, and his family was close with Mahatma Gandhi. Keshavjee talked about last year’s controversy over Islamic mediation in North Texas, the role his family played in fighting apartheid, and why mediation tends to be more successful than litigation. read

 

Neighbours in treehouse dispute could benefit from mediation, lawyer says

Disputes between neighbours can be ugly, says a lawyer who believes mediation could help to resolve a complaint about a $30,000 backyard treehouse in Toronto. read

 
4/25

Mediator Pollack's pragmatism gets Argentina and creditors to deal

Argentina's celebrated $16.5 billion return to international capital markets last week was the final mile of a tortured 14-year path from historic default through the U.S. court system. The resolution was crafted by mediator Daniel Pollack who convinced adversaries that more than a decade of squabbling was enough. read

 

Law firm’s new mediation center named for Charleston attorney

One of South Carolina’s largest law firms has opened a mediation center at its downtown Charleston office in recognition of a longtime local attorney. read

 

Advanced prep can aid in mediation with difficult personalities

Lawyers who deal with emotionally charged mediation and arbitration may often feel ill equipped to deal with the personality conflicts they face, but a panel discussion Monday examined tools to manage them better. read

 

Mediation Plays Increasing Role in Bankruptcy Cases

Mediation plays an increasing role in both consumer and business bankruptcy cases, and it is important that parties are prepared for mediation. read

 

City: Mediation likely in finding solution for remaining North Salt Lake landslide repairs

City leaders are looking to mediation with residents, utility companies and others this summer to find a permanent solution to the remaining repairs needed on the North Salt Lake landslide. read

 

Judge earns award for mediation efforts

The Ohio Mediation Association has selected Stark County Family Court Judge Michael Howard to receive the 2016 Better World Award read

 

Event to Highlight School Peer Mediation Programs

Western Justice Center (WJC) and Southern California Mediation Association (SCMA) are hosting an evening featuring school Peer Mediation programs. The event will be held at the Western Justice Center on Thursday April 28th.. read

 
4/19

Elder Care: Conversations of Care

Mediation may be the answer for elder care challenges. Mediation is a process where people in conflict privately, effectively and safely discuss their perspectives and proposed resolutions. Each family member’s perspective should be heard before crafting a plan. read

 

Judge requests mediator in Field of Dreams case

Both sides in the Field of Dreams lawsuit are close to resolution, but may still need a mediator to put an end to the legal dispute. read

 

Verizon open to mediation to avert strike of workers

Verizon Communications Inc., preparing for a possible strike of about 39,000 landline workers from Massachusetts to Virginia, said it would be open to federal mediation to reach a new contract. read

 

'Law & Order' Divorce Suit Blocked by Mediation Privilege

A long-running legal feud over the Law & Order fortune may have finally reached its finale. A state judge in Los Angeles last week tossed out a suit against the mediators who helped settle the divorce of Dick Wolf, the legal procedural's creator, and his ex-wife Christine. read

 

Mediation date set in hockey parents-referee brawl

The parents and referees involved in a post-high school ice hockey game brawl are headed for their first mediation session later this month. read

 
4/12

Judge sends Albany, school district sewer dispute to mediation

A judge has ordered a dispute between the village of Albany and Alexander Local Schools to go to mediation. The dispute involves the school district’s desire to hook a proposed wellness center into the village’s sanitary sewer system and the village’s position that it can’t happen unless the school property is annexed. read

 

Stepchild's spending divides parents, mediation may help

because you two can’t seem to dial down the “bitter battle” — there is an intermediary you should consider engaging: a mediator. read

 

Focus: Time to re-evaluate the Ontario Mandatory Mediation Program

It’s been a long time since there was an evaluation of the effectiveness of the Ontario Mandatory Mediation Program. Even though new areas of law fall under the program and the volume of court claims has increased, the number of mediations and mediators in the program has declined. read

 

Mediation continues over Duck River delay

Cullman Utilities Board officials met in executive session Friday to discuss mediation and arbitration with contractor ASI Constructors, in regards to the Duck River Dam project. Construction on the dam, spillway and intake structure are now 95 percent complete — and less than 60 days from total completion. read

 

Mediation role behind focus of Swiss-Russian talks

Swiss Foreign Minister Didier Burkhalter has emphasised Switzerland’s mediation role at talks with his Russian counterpart in Moscow focused on resolving conflicts in Syria, Ukraine and Georgia. read

 

Mediation moves ahead in Georgia-Florida 'water wars' case

Top layers of Georgia government, including Gov. Nathan Deal’s office, have participated in recent efforts to settle the latest dispute in a decadeslong “water wars” with Florida. The two states have participated in an 8-hour, in-person mediation session. read

 
4/05

“Significant headway” is being made with mediation talks between Harbourside and Jupiter

“Significant headway is being made” in the mediation talks between Harbourside Place and Jupiter in their ongoing legal dispute over music in the entertainment center’s amphitheatre, according to a Friday memo from Town Manager Andy Lukasik. read

 

First Criminal Mediation Case Successful in Missoula, Deputy County Attorney Reports

In February, KGVO reported the Missoula County Attorney’s office pursuing the possibility of using mediation in criminal cases, a process that may have never been used in Montana. Missoula Chief Deputy County Attorney Jason Marks said the first criminal mediation case was successful this week. read

 

Ag Mediation: An Important Resource for Challenging Times

The New Hampshire Agricultural Mediation Program has been helping farmers resolve farm loan and credit problems since 2011. read

 

Humboldt Mediation Services achieves world peace

April 1 - Humboldt Mediation Services was as surprised as anyone when major Middle East countries consented to a structured series of conflict resolution sessions at the Arcata Community Center. The talks culminated with all known armaments being dumped into the Mediterranean Sea. read

 

Brazilian judge trains clergy to mediate domestic disputes

A pioneering mediation program in Brazil is banking on religious leaders using their conciliatory skills to resolve conflicts between families and neighbors, while helping the judicial system reduce a massive backlog of cases overloading the country’s courts. read

 

Mediation to begin in capital murder case

A visiting judge is will attempt to mediate issues between the prosecution and the defense attorney in connection with a Hunt County capital murder case.  read

 

Mediator to join goat scrum

A cheesemaker and neighbors complaining about the smell of her goats’ manure have agreed to seek a mediator, as she tries to stifle the smell by hauling the manure to a composter each time she mucks out the stalls. read

 

St. Jude seeks mediation with City of Miami after historic designation

An attorney for St. Jude Melkite Catholic Church notified the city of Miami Thursday that the institution will seek to mediate a dispute over whether the its Brickell sanctuary should be protected as a historic landmark. read

 

Teach mediation to all and reap the benefits

As I look to the forthcoming Scottish Parliament election, I’ve been asking myself what would “More mediation – Now” look like. read

 

Getting a divorce? Why one family court judge advocates mediation

Mediation is less costly than separate representation -- and educates couples about the court process: Their options, child issues, financial issues, legal concerns and legal effects of decisions so they can make their own agreements. read

 
March 2016
3/29

Family's lawsuit in deputy-involved shooting to go to mediation

The family of Loren Benjamin Simpson, who was fatally shot last year by Yellowstone County sheriff’s deputies, and Yellowstone County will enter into mediation to try to settle a federal civil lawsuit against the county. read

 

University of Calgary and Students' Union agree to further extension for mediation on Mac Hall

The University of Calgary and the Students’ Union agreed Thursday to extend the mediation period to April 15, 2016 at 5 p.m. with regards to ownership and an agreement to maintain the Students’ Union’s management of Mac Hall. read

 

Elder mediation can help families resolve conflicts

Are there any services that you know of that help families resolve caregiving conflicts? My mother — who just turned 82 — recently had a stroke, and to make matters worse, my two siblings and I have been perpetually arguing about how to handle her caregiving needs and finances. — Bickering Siblings read

 

Dartmouth to Enter Mediation Over Contamination

Dartmouth College is scheduled to enter mediation in early May with a family whose well was contaminated by chemicals from the Rennie Farm, the school’s former burial ground for lab animals. read

 

Mediation scheduled in Orioles, Nationals TV rights fee dispute

Unble to reach agreement over tens of millions of dollars in fees for the right to televise games, the Orioles and the Washington Nationals are going to pursue help from an umpire of sorts to try to resolve a dispute that has lasted more than four years. read

 

CT Probate Judges Urged to Use Mediation More Often in Emotionally Charged Cases

While probate court judges routinely hold hearings and issue decisions, probate courts also offer mediation, a chance for the parties to resolve their disputes amicably and in a less formal setting. The state's probate court leadership is pushing for more cases to be resolved this way. read

 

Seventh Circuit Reinforces Importance of Memorializing Agreements in Mediation

The fact remains that the act of putting pen to paper, ribbon to page, or transmitting bits in a particular fashion (the complicated subsurface of modern technology foils us here), all to memorialize the meeting of the minds, is a significant—and consequential—step. read

 
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