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READ & SEARCH NEWS
    06/18/2013
  • When mandatory arbitration replaces litigation, consumers lose

    Legislation that would eliminate required arbitration for employee, consumer and civil rights disputes was proposed last month. It should be passed. Congress must act to restore fairness.
    Big business and corporate money, along with a corporate friendly Supreme Court, have been enough in the past to defeat efforts to bring fairness back to the arena of routine consumer and employee rights. Unfortunately, the same thing is likely to happen again, and the Arbitration Fairness Act of 2013 that has been introduced in the House (and a similar bill in the Senate) will likely fail.



  • Arab-jewish Peace Talks Will Start Next Week in Rhodes, U.N. Mediator Announces

    After an all-day conference in Cairo with the political committee of the Arab League, Count Folke Bernadotte, U.N. mediator for Palestine, informed the Secretariat here that the work of mediation and negotiation between Arabs and Jews will begin next week on the Greek island of Rhodes.



  • Ag mediation services available

    On the face of it, the drought and late freeze in Kansas have been plenty hard enough, but the difficulties don't end with smaller yields and lack of forage. They sometimes mean struggles when the bills come due. To help farmers and ranchers, as well as lenders, work through legal and financial issues, the Kansas Agricultural Mediation Services offers free or low-cost services to farmers, ranchers and others.



  • Is Nevada's foreclosure program effective?

    Metrics that evaluate Nevada effort being made public - slowly.  Eight months after a Reno Gazette-Journal article raised transparency concerns about the state’s foreclosure mediation system, administrators for the program have started to release more data to the public.



  • Kilmarnock: Fans group offers mediation with chairman

    Supporters Direct Scotland has offered to mediate between Kilmarnock fans and club chairman Michael Johnston over the future direction of the club.



  • Yachting: Kiwi to mediate in Cup row

    A New Zealander is one of two sailing experts on the mediation panel which will try to get the warring America's Cup teams in San Francisco to agree on how and when the regatta will proceed - but the whole process could take at least another week.



  • New Mediation Program to Resolve Employment Discrimination Disputes Faster, Save Time and Money for All Parties

    The Pennsylvania Human Relations Commission has launched a mediation program to resolve employment discrimination complaints within a short timeframe. Trained, neutral mediators will guide the process, which aims to produce settlements agreeable to both parties.

    "With mediation, everyone gets relief faster," Commission Chairman Gerry Robinson said. "People who believe they have been wronged, as well as employers facing complaints will get conflicts resolved faster, avoiding lengthy investigations, costly hearings and potential court filings."

    There is no cost to those who choose mediation as a way of resolving their disputes, and they do not need to hire an attorney. The process is confidential.



  • Sudan agrees to AU mediation

    The Sudanese government said it has no objections to meeting with African Union leaders to find a solution to outstanding issues with South Sudan.



  • Mediation Sought for Penn State Sanction Funds

    State Senator Jake Corman (R-Centre) and State Treasurer Rob McCord have asked Commonwealth Court to place their lawsuit against the National Collegiate Athletic Association (NCAA) into mediation, in the hope of deciding the use of Penn State University sanction funds as soon as possible. Their request, filed with the court yesterday afternoon, came after they received an exchange of correspondence from legal counsels for Penn State and the NCAA.



  • Brooklyn becomes first borough to require mediation in civil cases

    Brooklyn Supreme Court ushered in a new project Thursday requiring all civil cases to pass through a mediation process before proceeding to trial. The first of its kind, the mandatory mediation project hopes to alleviate some the costs and other strains that civil litigation places on Brooklyn’s court system.

    “Brooklyn has over 54,000 cases pending which is more than any other county in New York” Hon. Lawrence Knipel, Brooklyn Supreme Court administrative judge for civil matters, told the Brooklyn Daily Eagle. “Mandatory mediation will hopefully reduce to time and financial costs of a trial not only for the county but for the attorneys and parties involved.”



  • Mediation Underway in Dorner Mistaken Identity Shooting

    A man mistakenly shot at by police during the manhunt for ex-police officer Christopher Dorner entered into mediation talks with attorneys for the city of Torrance Thursday. David Perdue, 38, was mistakenly shot at by Torrance police on Feb. 7 when officers rammed his pickup truck and then opened fire, according to his attorney.




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  • Ask the Hard Questions before the Negotiation Begins
    by Jan Frankel Schau
  • Think "And," Not "Or"
    by Maria Simpson
  • Ripeness of Conflict
    by Dennis Huizing
  • Engaging Lawyers as Partners in Mediation
    by Joel Lee
  • Annulment: What Are the Rules on the Rules?
    by Mallory Silberman
  • Managing Disputes in a Flat World
    by Peter Phillips
  • Can People Change? Conflict Lessons from Implicit Personality Theory Research
    by Christine Webb

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Frank Fowlie
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 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.

Laura Lozano
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

Negeen Rivani
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.


The Promise and Reality of Online Dispute Resolution in Australia (5/10/13)
Chinthaka Liyanage, Tania Sourdin
It is clear that Online Dispute Resolution (ODR) has grown significantly in response to local and international factors within Australia over the past decade. This growth is partly attributable to a healthy Alternative Dispute Resolution (ADR) environment within Australia. The use of ADR in Australia is widespread and all Courts and Tribunals now have the power to mandatorily refer disputes to ADR processes.

Colin Rule
New EU Online Dispute Resolution Regulations (5/09/13)
Colin Rule
Here is the final text of the new European Union Online Dispute Resolution (ODR) regulations for transborder consumer transactions - Great reading for anyone excited about ODR.


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?

James Coben
Mediation Case Law Video: A Simple Mediator Mistake Leads to Big Problems (5/07/13)
James Coben
In the case Catamount Slate Products v Sheldon, the appellate court reversed the trial court and refused to enforce an alleged oral mediated settlement where the intent of the parties to be bound was not established.

Randy Drew
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

Jerome F. Weiss
Secrets for Settlement - How to Succeed in Mediation (5/05/13)
Jerome F. Weiss
Here then are some secrets of mediation that I have observed during my years as a professional mediator and that work for successfully resolving disputes.   2 Comments

Giuseppe Leone
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.

Jeanne Cleary
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.

Kenneth Cloke
20 Questions to Ask an Employee Before Considering Termination (5/03/13)
Kenneth Cloke
This practical guide provides a handout for employers. This is to be used by employers as a checklist to consider before terminating an employee.

Keith Seat
Update on Home Foreclosure Mediation (5/02/13)
Keith Seat
This is another in a series of updates on home foreclosure mediation developments within the United States by Mediate.com News Editor, Keith Seat.

James Coben
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.


ODR and Government (5/01/13)
Ethan Katsh, Daniel Rainey
The topic at hand is the use of the Internet to govern, and the role that ODR can play in e-government. Our discussion of e-government will be divided into three main sections: What has changed?; What must government (and e-government) do?; and Where are e-government and ODR going?


Online Dispute Resolution in Asia (5/01/13)
Zhao Yun, Timothy Sze, Tommy Li, Chittu Nagarajan
This chapter shall be divided into three parts; each part shall be devoted to assess the status quo of ODR in one of the three distinguished states, China, India and Japan, which have three of the highest Internet and mobile phone usage rates in the world.

James Melamed
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.

James Coben
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.

Patricia Porter
Interview with 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.

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Mediate.com is the world's most visited ADR web site and offers the world's most used ADR Directories and over 15,000 searchable articles, news briefs and videos. Join our ADR Directories here.

For dispute resolution professionals and programs, Mediate.com offers comprehensive web site development, geographically focused online advertising, online continuing education and Caseload Manager technology, training and ongoing support.



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