The Connecticut Judicial Branch has announced a host of initiatives to improve court-sponsored alternative dispute resolution in order to keep up with the demand to resolve civil cases short of trial.
New initiatives announced by Chief Justice Chase Rogers will include expanding the number of judges who are trained to serve as mediators, to begin later this year. There are currently 60 judge and judge trial referees available for the Judicial Branch's ADR program, but many are not available to serve for lengthy periods of time as mediatiors. Increasing the number of judges who are available to provide mediation services on more than a limited basis to help parties reach a settlement will fill vacancies created by several Superior Court judges who left the bench in recent years to start their own mediation practices in recent years, Rogers said. Another new initiative is to have attorneys appointed to serve as mediators. Rogers said the attorneys could be hired by the branch on a case by case basis, similar to the current appointments of attorney trial referees. "For example, attorneys with particular expertise in construction law, commercial disputes or probate law could be an invaluable asset in resolving those kinds of cases, where a substantice expertise in a specialized area is essential to understanding the issues of the case," Rogers said.
A new mediation service will allow for the resolution of disputes at community level without resorting to the costly and stressful legal route. Run by the Limerick Community Law and Mediation Centre, the new service has been launched by Minister Jan O’Sullivan at Moyross Community Enterprise Centre. Speaking at the event, Moyross PP Fr Tony O’Riordan said: “this is a much needed service for Limerick and in particular those communities identified for regeneration. I believe that a community mediation process will enhance social inclusion by empowering the communities to resolve issues in a non-adversarial way and help to build community relations”.
A federal judge Thursday ordered this bankrupt city into mediation with its suburbs to reach an agreement on a new regional water authority to oversee water and sewer services currently provided by the city. Months of direct talks between the city of Detroit and the surrounding Wayne, Oakland and Macomb counties has failed to produce an agreement on a new authority. But U.S. Bankruptcy Judge Steven Rhodes said a regional authority could still be in the best interest of the city and its suburbs. "I also have a sense that this bankruptcy offers a unique opportunity for the creation of that regional authority," Judge Rhodes said. "If we do not take advantage of that unique opportunity, the opportunity in all likelihood will be lost forever."
A state district judge ordered Prime Prep Academy and Charity Church — where the school held classes until the end of March — into mediation in hopes of settling a dispute over a lease agreement. During a hearing Wednesday state District Judge John Chupp ordered the church and school to begin mediation proceedings in two weeks. Chupp also extended a temporary restraining order for two weeks, and the school will continue not paying rent to the church for the time being. Charity Church and Prime Preparatory Academy are fighting over a lease that called for the school to pay $18,000 a month in rent. The lease was agreed to by former Superintendent D.L. Wallace, who left Prime Prep for a position at Charity Church earlier this year. Prime Prep was co-founded in 2011 by pro football Hall of Famer Deion Sanders and Wallace, his business partner at the time.
Award-winning filmmaker Francisco's short film "Mediation" is set to screen at the upcoming 14th Annual Beverly Hills Film Festival as well as the 9th Annual Sunscreen Film Festival. "Mediation" is the first project released by the brand new Film/TV production company entitled Top Rebel Productions - the brainchild of actor Freddy Rodriguez, Francico Lorite and veteran producer Bill Winett. The short tells the story of a divorce mediation that spirals completely out of control for a husband (Freddy Rodriguez), his soon-to-be ex-wife (Marley Shelton) and their court-appointed mediator (Marilyn Sanabria).
When Pietro Parolin was appointed last year by Pope Francis as the Vatican’s secretary of state, the Cardinal said he had been entrusted with a “difficult and challenging mission”. The Italian mediator’s diplomatic skills will be tested fully as he seeks to act as a “good faith witness” in talks that resume on Tuesday between Venezuela’s government and members of its opposition aimed at ending the violent unrest that has left at least 41 people dead in the country over the past two months.
Firms in four cities have kicked off a national mediation initiative designed to help separating couples and demonstrate to lawyers the commercial viability of providing the service. Lawyer Supported Mediation has been set up by trained mediator Marc Lopatin (pictured) with ‘mediation hubs’ in Leeds, Newcastle, Manchester and London. Two more cities will join later in the year. The initiative is launched ahead of a change to the law making it compulsory for separating couples to attend a mediation information and assessment meeting (MIAM) before issuing family proceedings. The change is introduced on 22 April, under section 10 of the Children and Families Act.
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WYSI[N]WYG (2/28/14) Ian MacDuff In the early days of personal computing, the development of the “graphical user interface” was accompanied by the acronym, WYSIWYG: “What you see is what you get.” While some frustrated computer users know that this was never entirely true, or might only have been true for the computer boffins who designed the interface, the idea was nevertheless an important one: what was there on the surface was what you had to deal with – folder and files and trash cans were all there on the virtual “desktop.”
Best Practice Guide on the Use of Mediation in Cross-Border Disputes (2/21/14) Jamie Walker, Zeno Daniel Sustac Sometimes, the act of justice leaves one or more parties being unsatisfied with a judicial decision and generates a resolution based on the “loser-winner” paradigm. The consequence is often, in addition to the preservation of their conflicted status, the prolonging of the expensive and stressful judicial dispute. Mediation, as an alternative method of conflict resolution, starts with the principle of seeking to most capably satisfy the parties’ interests with a sustainable agreement based on free will. This approach, in the context of globalization, confers mediation with the quality of being an effective cross-border and cross-cultural method of conflict resolution. This article is an excerpt of a thesis analyzing the benefits and unforeseen consequences of mediation in cross-border disputes. This article focuses on the importance of training mediators on cross-border disputes.
Third Party Assisted Negotiation and High Pressure Settlement of Disputes (2/21/14) Rachel Virk After twenty years of marriage, two parties separate. They are each college educated and gainfully employed. The parties have two children whom they hope to send to college, ages 13 and 15. They have amassed many assets during their marriage. This articles discusses how our current legal system does not have an effective way of dividing the mutually valued sum of these two people's lives.
Compassionate or Benevolent Divorce (2/21/14) Roger Ley This is an essay on compassionate divorce and the role of lawyers in the divorce or dispute resolution process. For the parties, the core of my system is to negotiate for the welfare of both sides. For the lawyers, the core is to throw away the law books and let imagination help the lawyers find creative resolutions to their cases.
The Argument As A Persuasive Tool In Negotiation (2/16/14) Jeffrey Krivis Mediation, like the sketches in Monty Python, is like theatre. In order to succeed, the actors must keep the scene going forward without denying the other actors the opportunity to be heard. Arguments work on the stage provided they are done in a way that maintains the flow of the scene, allows conversation to be fluid, and doesn’t box in the other players. 2 Comments
Marital Mediation is Not Therapy (2/14/14) Dr. Lynne C. Halem Mediation is not therapy. Mediation is a problem solving process in which the three participants, husband, wife, mediator, determine the issues to be tackled, what information is needed to embark on the process and what were the objectives to be gained. 4 Comments
Like other briefs, a quality mediation brief starts with a careful evaluation of the audience. Who will see your brief? Who is making the settlement decision? Who are you trying to influence? Too many mediation briefs try to influence only the mediator. Every mediation is different. Every case has its own settlement personality. But there are recurring themes and issues that confront attorneys whose clients are heading to mediation.
Whose Fault Is It? (2/07/14) Shannon Rios Paulsen When parents are arguing, children are typically caught in the middle. The children try to figure out who is at fault and what they can do to stop it. This article suggests that what children need is not a place to assign blame, but a place of peace.
What Went Wrong with Mediation? (2/07/14) Christian Radu Chereji, Constantin-Adi Gavrila Presenting recently the results of the study on ‘Rebooting’ the Mediation Directive, Giuseppe de Palo talked about the “European Union mediation paradox” – the existence of a “highly acclaimed, efficient, effective process that very few people use”, in his own words – and the need of “rebooting” the implementation of mediation process in the EU in the light of the limited effects of current legislation upon the number of civil cases mediated. 4 Comments
Curso de Posgrado (2/06/14) Alberto Elisavetsky Nuestro siglo nos presenta permanentemente situaciones paradójicas. La Globalización puede lograr que los avatares económicos de Gambia tengan decidida influencia en Bolivia, pese a que crecen y se multiplican los medios de comunicación, cada vez las personas se sienten más solas. La fragmentación del saber llega hasta límites tan increíbles que el grado de sofisticación en las especialidades parece no tener fin y a veces se pierde la noción del todo por el imperio de las partes. Internet irrumpió en nuestras vidas para quedarse, como sobreponernos al alud de información, de qué manera articular los avances tecnológicos con todas las profesiones.
Mediate is Top Ranked Mediation Website (2/04/14) Mediate.com Mediate.com is ranked the top mediation and dispute resolution website by Alexa in its February 1, 2014 global website rankings. In business since 1996, Mediate.com has over 15,000 searchable mediation articles, blog posts, news items and videos. Mediate.com also hosts the most used mediator directory and offers mobile friendly website development, professional promotional services and cloud-based case management systems.
The Best Mediation Secrets (1/31/14) Jacques Joubert Naturally not all clients are expected to be amenable to mediate their disputes, but if given the choice, they will be fully responsible for getting on the path to the courthouse of the mediation table. The clients will be able to make an empowered decision, and attorneys can rest knowing that their clients had enough information to make the right choice for them. This author shares his views on this from the mediation world in Cape Town.
Intercultural Mediation (1/31/14) Guillermo Kleinlein Throughout time, Intercultural Mediation in China has become the preferred method for Dispute Resolution. It preserves social peace in a country with huge extensions and diverse orography, and with a population of various ethnic origins. We shall compare the subjacent conditions with those in the Argentine Republic and propose some alternatives to implement such method as a Dispute Resolution System.
Cultural Diversity in Mediation and Conflict Resolution (1/31/14) Farhana Chowdhury As a Mediator, we have the role to steer clients to reconcile their differences in an arena where they mutually agree to a resolution. In order to navigate our clients to a resolution that is amicable and comfortable, we have to identify the underlying issues of the conflict. To fully identify the underlying issues of a conflict for clients that are culturally diverse, it is pertinent to attain a basic understanding of the client’s cultural background and anticipate how it may impact the issues leading to the conflict. For mediators who practice in areas where cultural diversity is eminent, a basic understanding of their cultural differences is often the key to evaluate strategies employed to reach an agreement.
Mediación Intercultural (1/30/14) Guillermo Kleinlein A través de los tiempos, la Mediación Intercultural en China se ha convertido en un método preferido para la Resolución de Disputas, a la par de preservar la paz social en un país de grandes extensiones y disímil orografía, con población de variados orígenes étnicos. Analizamos sus condiciones subyacentes comparadas con las existentes en la República Argentina y proponemos alternativas de implementación de tal método como sistema para la Resolución de Disputas.
Demystifying American Divorce Law (1/24/14) Larry Gaughan The misconception that there may be a fixed "legal" solution for many mediated divorce cases has created unnecessary difficulties in communication between mediators of different professions. A proper understanding of how the formal system of divorce law works (and often doesn't work) may help to bridge these gaps. This article is intended to enable mediators who are not attorneys to be more comfortable with some useful concepts and guidelines inside the legal box. It is also intended to enable mediators who are lawyers to expand the scope of their skills and knowledge into the important areas of divorce settlements outside of the legal box.
The Parents Left Standing (1/23/14) Shannon Rios Paulsen There are many different scenarios where parents leave the life of their child. This article goes over some of these scenarios, as well as what to say to a young child, such as the parent is learning to be a better parent and person and having your child write a letter to or draw a picture for the other parent. Remember you chose to have your children, please continue to choose them. I can tell you that adults are much less forgiving than children.
Mediation Skills: Non-Violent Communication and Aikido (1/18/14) Jerry Green What is the relationship between Non-Violent Communication (NVC) and Embodied Compassionate Communication or Emotional Aikido? The answer to this question begins by understanding that NVC is a language skill and does not encompass somatic training.
Mediation in Hotels (1/17/14) Sandra Untrojb The relationship between employees of different hierarchies and each of the departments that are part of the organization chart of a hotel such as Food and Beverage, Front office, Housekeeping, etc., results in that although all parts of the structure tend to say that no one in their company takes bad to anyone, if you look a little more closely, you discover behaviors they pit a sector against another by opposing interests.
Mediacion Aplicada a Empresas Hoteleras (1/15/14) Sandra Untrojb El situación de relación permanente entre los empleados de las distintas jerarquías y de cada uno de los departamentos que componen el organigrama del hotel como ser Alimentos y Bebidas, Front- office, Housekeeping , etc, trae como consecuencia que aunque todas las partes componentes de la estructura tiendan a decir que en su Empresa nadie se lleva mal con nadie, si se analiza con un poco más de detenimiento, se descubran comportamientos que enfrentan a los integrantes de un sector con los de otro por intereses opuestos.
The Role of Diversity in Mediation (1/10/14) Amanda Maxted, Jeffrey J. Beaton As mediators we have been taught that disputes are more likely to be people-problems than legal-problems. Instead of listening only to a participant’s position, we should search for underlying interests, wants, values, and needs. Mediators discover that by learning more about human nature, they are able to understand people's motives. In turn we can encourage participants to reach agreement or helpful change. 3 Comments
Mediacion Escolar y Los Derechos de Ninos Y Adolescents (1/10/14) María victoria Marun Enseñar las habilidades de resolución de conflictos en las escuelas provocará el descenso de los problemas disciplinarios y proveerá de cimientos y habilidades para la próxima generación. Es nuestra intención que todos los estudiantes tengan la posibilidad de ser instruidos acerca de la resolución de conflictos y habilidades comunicacionales
Mediation Works for Family-Run Enterprises (1/10/14) James MacPherson In the Arab World, family firms make up 85 per cent of the region's non-oil GDP. While many are small to medium-sized enterprises -
the cornerstone of any successful economy - the success of the GCC economies, coupled with the enterprising minds of business
leaders during the region's boom years mean that a significant number of these organisations have become multinational and highly
Downton Abbey Negotiations: A Primer on Surviving in Turbulent Times, Then and Now (1/09/14) Robert Benjamin The PBS television drama series, Downton Abbey, depicting the turbulent social, cultural, and economic times in England a century ago, has justifiably captured the imagination and interest of many viewers. Less noticed is the unusual attention given to the negotiations that necessarily occurred and allowed people to endure those disruptions. Negotiation strategies and techniques are presented throughout in a thoughtful and realistic manner that makes the program relevant to present day practice and worthy of study. 1 Comment
ADR, ODR, e-Mediación y Negociación Automática (1/05/14) Andres Vazquez Los mecanismos en línea que se vienen implementando en todo el mundo para la resolución alternativa de conflictos, abarcan procedimientos con características propias, y diferentes perfiles conceptuales, en donde las fronteras –en ocasiones extremadamente sutiles- existen y determinan su naturaleza jurídica.
Are More Changes Afoot? Mediation Trends in 2014 (1/02/14) Don Cripe Personal injury law is far more complicated in application than many people might believe. The title of this piece is thus phrased as a question because… frankly… I don’t know the answer. This article discusses the future of the mediation field.
The Hidden Costs of Workplace Conflict (1/02/14) Steve McGuire This article basically sets forth the underlying costs to an organization in terms of loss productivity, processes and actual dollar cost in lost investment, replacing workers, and the consequences of unattended conflict. This helps employers decide when a conflict is serious enough that they should be proactive. 2 Comments
Co-Mediation: Training Wheels or Obstacle Course? (12/27/13) Richard Barbieri Although many training programs and mediation groups start new mediators in pairs, the challenge of learning how to work with a partner may only lengthen the learning curve. Evidence from other fields suggests that group performance depends on first honing individual skills, and that pairs or other teams work best when both parties are already experienced. 5 Comments
Solutions and Future Plans of Mediation as an ADR Method (12/27/13) Uma Ramanathan Mediation in our country is no more a toddler, it has started to have an identity and it is time that we devise a cohesive plan for the growth of mediation in a manner that would allow cohesion among the stakeholders in the process. Changing the mind set of all concerned is now essential to take stock of where mediation is heading and what is to be done.
Family Violence and ODR (12/23/13) Maria Eugenia Sole While conflict is inevitable and inherent to the family, violence is an inadequate manifestation of tensions and conflicts that goes beyond the capacity of response of individuals, due to serious situations of psycho-emotional, sociocultural or economic limitations. In this sense, violence is the extreme manifestation of the constraints to which families are subjected.