A structure has been put in place around gang mediation and police officers will directly engage with students to stem the growth of the gang culture,
Charles Schwab Drops Forced-Arbitration Clause From Contracts
After AT&T somehow convinced the U.S. Supreme Court that a couple of sentences buried toward the end of a contract that maybe .05% of customers ever think about reading was all that was needed to preempt class-action lawsuits, many large companies have rushed to pack their user agreements and licenses with clauses that force customers into arbitration. But, stuck in a battle with an industry regulator, the folks at Charles Schwab have decided to go another way, announcing that they have gotten rid of their arbitration clause… for now.
More ADR Tools for Shippers
Arbitration, and not litigation, is the driving force behind rules that federal regulators hope will settle simmering disputes between freight railroads and shippers, including coal plant operators.
The Surface Transportation Board announced the policies May 13, after nearly three years of studying prolonged rate challenge cases. “Changes to the arbitration rules are intended to consolidate and simplify formerly separate arbitration procedures and to encourage greater use of arbitration,” the board said.
National Association for Community Mediation (NAFCM) receives $50,000 grant from JAMS Foundation for development of national Training Resource Center.
The Training Resource Center (TRC) will be the largest compilation of community mediation resources in the country. NAFCM will partner with community mediation centers across the country to collect new and existing resources including but not limited to PowerPoint, handouts, mocks, videos, and more.
Kobe Bryant Judge Orders Mediation in Memorabilia Dispute
Kobe Bryant, the All-Star basketball guard, must undergo mediation before a possible June 17 trial to resolve a dispute over whether a New Jersey auctioneer can sell his memorabilia on behalf of his mother. U.S. District Judge Renee Marie Bumb set a mediation session for May 17 in federal court in Camden, New Jersey, to try to settle a lawsuit between Bryant and Goldin Auctions LLC. Bryant, a Los Angeles Laker, seeks to block Goldin Auctions from selling 100 items consigned by his mother, Pamela Bryant. The firm estimates the auction could raise more than $1 million.
Bishop Eddie Long Agrees to Mediation (Huff Post Opin)
With little fanfare or news coverage, the four sexual coercion lawsuits confronting Bishop Eddie Long had the first hearing recently, with both sides opting for mediation to avoid a trial.
"Bishop Eddie Long agreeing to mediation of sexual coercion charges is an end-run around the universally accepted moral and ethical responsibilities of any ecumenical leader. Mediation of sexual allegation grievances is tantamount to an admission of "some" guilt, "some" form of ministerial misconduct. Innocent folk don't make deals if the claims against them are baseless and untrue. Mediation for the accused is a forfeiture of the right to ever claim innocence, and readers should be absolutely clear on this point."
Amazon wants seller lawsuit to go to arbitration
Amazon.com’s response to two former sellers complaining about tied-up payments can be summed up as: We’ll see you in arbitration. Seattle-based Amazon, in a 28-page document filed in U.S. District Court in Seattle, asks Judge Marsha Pechman to move the case to arbitration. The two sellers claimed in a lawsuit filed in March that Amazon refused to pay them for more than 90 days after it shuttered their accounts. They want full restitution of “monies wrongfully obtained,” plus interest and other unspecified damages.
In its response, Amazon noted that when the plaintiffs signed up to sell products on its website they agreed to arbitrate any disputes. The suit, which seeks class-action status, says Amazon routinely holds sellers’ money longer than allowed to rack up interest and “reap many tens of millions of dollars annually.”
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The Carpenter is not the Best/Who makes More chips than all the Rest.
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Expectation and Regret - A Look Back At How Mediation Has Fared In The U.S. (5/17/13) Peter Adler In May, 2013, I gave a keynote talk to the Civil Mediation Council in London for their 7th National Conference. The question I was asked to address was: “What should we in England learn from the U.S. mediation experience?” Said differently, what might others profitably take from the explosive growth of court, community and privately offered mediation over the last 25 years in the U.S.? What hind-sights can we offer now that, by some measures, both countries have succeeded in marrying mediation into their civil law systems and legal cultures and what regrets and appreciations do Americans hold? 2 Comments
ODR Theory and Practice - Chapter 18: ODR and e-Arbitration – Trends & Challenges (5/17/13) Mohamed S. Abdel Wahab This chapter is divided into five sections. In section 1, the author sheds
light on the conceptual framework of e-arbitration. In section 2, the issues pertaining
to the e- arbitration agreement are scrutinized. Section 3 focuses on e-arbitral
proceedings and section 4 addresses e-arbitral awards. Section 5 provides
an overview of some e-arbitration projects and initiatives. Finally, the author offers some
Lincoln Unchained: A Principled Hardball Negotiator For the Ages - Film Review (5/16/13) Robert Benjamin “Lincoln” is worthy of admission to the elite pantheon of excellent films, few in number, that focus on negotiation. More than merely a well-drawn historical drama, as some have characterized it, the film pushes beyond the simplistic mythology of Lincoln as the great emancipator and savior of the Union to examine the reality of what is required to negotiate difficult human events. Not surprisingly, little has changed in the intervening 150 years, which makes the film deserving of careful review by teachers and practitioners of negotiation and mediation.
ODR Theory and Practice - Chapter 17: eMediation (5/16/13) Noam Ebner This chapter beings with a brief discussion of the developmentof e-mediation within the wider context of ODR growth. Next, a snapshot is provided
of the field’s status quo with respect to stakeholders, modes of communication and technology utilized, as well as the prevailing trends. The third section addresses substantive and process issues in e-mediation: mediation process models, stages and issues, practitioner skills, professional issues, ethics and practitioner standards.
Dzhokar Tsarnaev (5/16/13) William Hymes As we find ourselves satiated with the lurid details of the Boston Marathon Bombing, we notice the comic relief story: “Social Media Shows Support for Alleged Bomber’s Innocence." The temptation here is to either chuckle at Dzhokhar’s supporters’ refusal to accept the incursion of reality into their lives or express anger that there is any support at all for one who seems likely to have committed such an atrocity, and utilize this as an opportunity to allow ourselves to exclude these voices and belittle their message.
Business As Usual? Mediation and the Justice System (5/16/13) Charlie Irvine This article considers the under-use of mediation in the UK's second largest jurisdiction, Scotland. The article has three sections: a "myth buster" and two questions. The first examines three popular myths about mediation; the second addresses the question, "How does mediation add value to the justice system"; and the third presents the business case for lawyers, "Why does mediation make good business sense?" The author takes the view that mediation is complementary to both procedural and substantive justice and thus legal practitioners of the future will make greater use of it for reasons of practice and principle.
ODR Theory and Practice - Chapter 15: ODR and Ombudsmanship (5/13/13) Frank Fowlie This chapter focuses on the applicability of Online Dispute Resolution (ODR) for a specific
dispute resolution mechanism, the Ombudsman. The chapter is based on the experiences
and observations of Dr. Frank Fowlie, who served as the Inaugural Ombudsman for the
Internet Corporation for Assigned Names and Numbers (ICANN).
ODR Theory and Practice - Chapter 14: ODR and the Courts (5/11/13) Karim Benyekhlef, Nicholas Vermeys Whilst acknowledging that ODR assumes two roles as a competing and complementing
system to state courts, our focus in the following pages shall be exclusively directed to the
complementary role of ODR, and to the development of court annexed ODR schemes.
Accordingly, we shall commence by providing an overview of how states have started to
incorporate ODR into the legal process, and then proceed to shed light on possible
future paths for state-run ODR systems.
Can a Med-Arb Serve in Two Processes? (5/10/13) Laura Lozano Med-Arb is a controversial hybrid of two processes in which parties first go to mediation, and if the process is not successful, they arbitrate. In the “pure” form, the same Neutral assists both processes. But how can an arbitrator who has held discussions with the parties satisfy the requirements of “impartiality” and be a “fair arbitrator?” 2 Comments
Online Mediation: If the Shoe Fits (5/10/13) Negeen Rivani As the Internet expanded the opportunities for transactions among buyers and sellers from different counties, several roadblocks emerged during disputes, including the expense of filing a lawsuit in a foreign country, the complex jurisdiction issues, and the distances involved. In response, an online forum surfaced as the most efficient way for the two parties to resolve any potential conflicts. Skeptics of online mediation have resisted the new forum due to the inability to communicate face-to-face and the lack of familiarity with the cyber-environment. Today, however, online mediation is no longer perceived as an experiment. As a matter of fact, the cyberspace model of online dispute resolution has expanded its disputes from simple e-commerce transactions to cater to a wide array of disputes.
ODR Theory and Practice - Chapter 13: ODR and Justice (5/08/13) Ruha Devanesan, Jeff Arresty In this chapter, we analyze the interaction between traditional concepts of justice and fields in which
Online Dispute Resolution (ODR) has flourished and is burgeoning. We then explore the
ways in which justice as traditionally conceptualized is adapting to the digital environment,
and ask the question: Are traditional notions of justice relevant to contemporary online
interactions between individuals, businesses, and governments?
Los Angeles Superior Court Shutters ADR Program (5/06/13) Randy Drew After more than 20 years, the largest program of its kind in the United States is calling it quits. We’re discussing the ending of possibly the largest single ADR practical training ground in the world. Could this be a "make lemonade" moment for mediators? Will this megalithic event impact mediators homogeneously, or will there be a stratification of consequences? 5 Comments
One Language and One Video at a Time (5/03/13) Giuseppe Leone Online mediation is becoming increasingly popular. Giuseppe Leone is hoping to build on this popularity by using Skype to give mediators practice at testing their dispute resolution skills. Mr. Leone also points out that viewing a mediation role play can alleviate some clients' fears of the unknown.
Holding Both (5/03/13) Jeanne Cleary “What do you need to grow in order to have the capacity to hold both?” Holding both is a concept of holding on to your true self and seeing yourself in relation to the world around you. This author examines that concept in relation to the Boston marathon bombing.
The Gray Divorce (5/03/13) Denise Tamir Though the fact that divorce has become more common and less of a stigma has some impact, that does not explain why the gray divorce rate is climbing while the general divorce rate is going down. Denise Tamir suggests a few contributing factors. 2 Comments
10 Helpful Tips for Mediating Child Related Issues (5/03/13) Lisa Nelson The article provides helpful tips and considerations for parents to address in divorce mediation when minor children are involved. There are specific considerations that parents need to be made aware of before they enter the mediation process with children.
Mediation Case Law Video: Wrongful Death (5/01/13) James Coben In Estate of Barber v. Guilford County Sheriff's Department,, the appellate court ruled that a plaintiff's obligation not to defame a wrongful death action defendant is not unenforceable as a prior restraint on speech, where record showed the mediated agreement was based on a knowing, voluntarily and intelligent waiver of constitutionally protected rights.
Matt Phillips Is New NAFCM Executive Director (4/30/13) James Melamed Please welcome Matt Phillips as NAFCM’s new Executive Director. Matt’s most recent role was as director of the Volunteers of America Dispute Resolution Center in Everett, Washington. He was also the Chair-person for the Resolution Washington’s statewide legislative committee that was involved in raising over $12 million for conflict resolution.
Mediation Case Law Video: Those All-Day Mediations -- Maybe We Should Reassess? (4/30/13) James Coben In the case In re Rains, the appellate court concluded that the bankruptcy court did not clearly err in finding a debtor mentally competent to enter into a mediated settlement, notwithstanding that immediately following the conclusion of mediation the debtor drove himself to the hospital where he was admitted and diagnosed with a cerebral aneurysm and stroke.
Interview of Pattie Porter (4/29/13) Patricia Porter This interview of Pattie Porter by Dave Hilton of the Conflict Specialists Show addresses such issues as conflict coaching; CINERGY conflict coach training; workplace conflict; the value of joining professional coaching and dispute resolution organizations; branding and networking when you have a coaching business; and more.
ODR Theory and Practice - Chapter 11: ODR and Trust (4/29/13) Noam Ebner Trust is on the rise. Perhaps not in practice, but certainly as an area of interest and research. This is clear to anyone tracking the dispute resolution and conflict management fields, and is particularly noticeable in the field of ODR, in which trust has always received special attention.
Managing Business Risk (4/26/13) John Sturrock Managing business risk can be done through effective negotiation and conflict management. Mediators can help to manage that business risk by nipping things in the bud – and resolving difficult disputes.
I'm Heading for Divorce. How do I Start? (4/26/13) Rachel Virk This article walks through the divorce process for someone who is just beginning to consider a divorce. It gives a practical guide for people to navigate through the process without an emotional roller coaster.
Developing an Online Mediation Practice (4/26/13) Ben Davies This article chronicles the observations and lessons learned of a mediator, new to both webcam communication and online mediations, during a series of simulated mediations with Virtual Mediation Labs (VML). Ben describes some of the problems he encountered during the simulations and the implementation of Skype into his practice and how instrumental the VML programme is to a prospective online mediator. The lessons learned in this article will enable a mediator to be aware of the fundamentals of online mediation and gives a brief synopsis of the commonest problems encountered during online mediation.
The Mediator as Moral Witness (4/23/13) David A. Hoffman People in conflict often present their claims in starkly moral terms: "I'm in the right -- the other party is clearly in the wrong." Mediators are trained to deflect argument involving moral claims from a focus on entrenched positions to a focus on underlying interests. But what if the parties perceive their most profound underlying interest to be validation of their being “right”? What if each party is looking to the mediator to be a witness to the other party’s “moral culpability”? 1 Comment
Preparing for Mediation: A Practical Guide to Mediator Selection (4/22/13) Greg Stone Greg Stone's latest book Preparing for Mediation: A Practical Guide provides straight-forward tips for mediators. This excerpt from his book discusses considerations for selecting mediators. It also suggests ways for mediators to allow their clients to save face while making progress in the mediation.
Resolving the Truth Between Two People in Conflict (4/22/13) Ralph Kilmann "There are three truths: My truth, your truth, and what really happened." But if we think of the possibilities for synergy (collaboration) of two people's versions of reality, maybe it would make it easier to realize that some truths are socially constructed anyway...so we might as well negotiate it into something useful and healing.
Transformative Mediation with Louise Phipps Senft (4/13/13) Louise Phipps Senft This interview of Louise Phipps Senft by Dave Hilton of the Conflict Specialists Show addresses such issues as Transformative Mediation; Relational Mediation; Transformative vs Evaluative, Facilitative and Narrative Mediation; Hopi Tribe; Dealing with Burnout; Mediators Beyond Borders; American Institute of Mediation; and the Association for Conflict Resolution.
Empathy is the Secret Weapon (4/12/13) Jeff Thompson Having the ability to combat hate requires skills that are also necessary of mediators and other conflict professionals. One such skill is empathy. It is important to note empathy does not require agreeing but more importantly it gives you insight as you move from the way you “see” things to “see” the situation or issue from a different perspective.