A northern New Jersey honor student who has sued to get her parents to support her after she moved out of their home had her initial request denied Tuesday by a judge who cautioned that the case could lead to a 'potentially slippery slope' of claims by teenagers against their parents. Rachel Canning had sought immediate relief in the form of $650 in weekly child support and the payment of the remainder of her tuition at Morris Catholic High School, as well as attorney's fees. State Superior Court Judge Peter Bogaard denied those motions but ordered the parties to return to court on April 22, when they will present evidence and testimony on the over-arching question of whether the Cannings are obligated to financially support their daughter. Rachel Canning, a high school senior, has already been accepted by at least one college and is seeking to have her parents pay some or all of her tuition, attorney Tanya Helfand told Bogaard Tuesday.
Najeeba Syeed-Miller, an internationally recognized author and assistant professor of interreligious education at Claremont School of Theology, gave a talk about religious conflict and mediation at the MultiCultural Center Theater yesterday. Titled “Interfaith Peacemaking: Healing the World,” the talk highlighted the importance of understanding religion’s role in conflict escalation and resolution, as well as the consequences of ignoring this role. Miller’s work focuses on resolving a number of complex religious and cultural conflicts in the Middle East, and she has intervened in disputes between urban gangs in Southern California. Her efforts have garnered a Southern California Mediation Association’s “Peacemaker of the Year” Award in 2007, and in 2008, she received the California State Legislature Women in Law Award for her work to reduce conflict worldwide.
In May 2011, Mt. Diablo High School in Concord, CA, hired social worker Deonne Wesley to coordinate a grant from the U.S. Department of Education Safe and Supportive Schools program. Wesley trained 18 students to be peer mediators to work with. The good news: The program is teaching kids how to change their behavior so that they stop fighting. The peer mediators are becoming leaders. Some teachers are resolving conflicts with their students, which results in more teaching and more learning. The bad news: The grant runs out in 2014, at the end of this school year. Next school year, Mt. Diablo won’t have peer mediators or a drug counselor.
Landowners at the end of Davis Lane want up to 400 feet of new beachfront declared as their own and the town and other parties are questioning that and want to make sure access and use of the beach is preserved. “The message from Judge Sands was crystal clear. We’ve always called for getting together to try and work this out, even before the legal dispute ended up in court. I am looking forward to the mediation effort.”
European Union foreign ministers will push on Monday for high-level mediation to resolve the crisis over Russia's invasion of Crimea, while threatening the possibility of sanctions if Russia does not back down. In emergency talks convened after Russian President Vladimir Putin seized the Crimean peninsula and said he had the right to invade Ukraine, ministers will try to strike a balance between pressure on Moscow and finding a way to calm the situation. Germany, France and Britain, the EU's most-powerful nations, are all advocating mediation, possibly via the Organization for Security and Cooperation in Europe, while not ruling out economic measures if Moscow does not cooperate.
The former head of a private preparatory school in Miami, Florida is out an $80,000 discrimination settlement after his daughter boasted about it on Facebook. Patrick Snay, 69 -- the former head of Guillver Preparatory School -- filed an age discrimination complaint when his 2010-11 contract wasn't renewed. In November 2011, the school and Snay came to an agreement in which Snay would be paid $10,000 in back pay, and an $80,000 settlement. Gulliver Schools also agreed to cut Snay's attorneys a check for $60,000. But before the ink could dry on the deal, Snay's daughter took to Facebook, boasting, "Mama and Papa Snay won the case against Gulliver. Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT."
For baby boomers, divorce has almost become, like marriage, another rite of passage. The post-World War II generation is setting new records for divorce: Americans over 50 are twice as likely to get divorced as people of that age were 20 years ago. But just because it's more common, doesn't mean it's not still painful.
THE Australian Taxation Office is stepping up its push to avoid costly court actions with big businesses and wealthy people. The ATO has told a landmark Productivity Commission review that it is increasingly using alternative dispute resolution -- which uses methods such as mediation by retired High Court and Federal Court judges to avoid resorting to litigation -- in the early stages of tax disputes considered to be "high risk" involving large businesses, high net-worth individuals and their private groups.
Plaintiffs in a lawsuit against the state's prison system over the treatment of mentally ill inmates are agreeing to mediate solutions to the issue while also allowing the litigation to continue. Mediation could ultimately save legal costs because it could work out solutions and end the litigation —which has been ongoing since 2005 — sooner, said Sen. Mike Fair of Greenville, chairman of the Senate Corrections Committee. "I'm glad mediation is going forward," Fair toldThe Greenville News. "I think everybody wins because of that. I choose to believe that the litigation will end more quickly because they're having the mediation."
"The level of expert personal service at Mediate.com is remarkable."
What you plant now, you harvest later.
New at Mediate.com
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.
The Bias Against Non-Attorney Mediators (12/20/13) Howard Iken Mediators are in hot demand in Florida family law cases. Every open case requires mediation. Many cases require two mediations. But there is an open bias against non-attorney mediators in many family law cases. Read this simple list of ways you can penetrate that barrier and increase your success as a mediator. 1 Comment
Mediator as Truthsayer (12/20/13) Laurie Israel Mediation is not one monolithic technique. Mediators and mediation theorists may categorize different types of mediation techniques into different theoretical boxes, such as “facilitative”, “evaluative” and “transformational”. But the categories all seem to bleed into each other. 1 Comment
Violencia Familiar y ODR - Espanol (12/18/13) Maria Eugenia Sole Mientras el conflicto es inevitable e inherente a la familia, la violencia es una manifestación inadecuada a tensiones y conflictos que desbordan la capacidad de respuestas de los individuos, por encontrarse en situación grave de limitaciones psicoemocionales, socioculturales o económicas. En este sentido, la violencia es la manifestación extrema de las limitaciones a las que están sometidas las familias.-
Luanda Believes in Mediation as a Valid Dispute Resolution Approach (12/13/13) Ana Gonçalves Between the 25th and the 29th of November of 2013, the CAAL, an Angolan arbitration dispute center based in Luanda, and Convirgente, with the support of the Angolan Bar Association and the Qualifying Assessment Program for Portuguese speaking countries represented by ICFML (Instituto de Certificação e Formação de Mediadores Lusófonos), organized a course on Mediation, in Luanda, Angola. The training purpose was to give participants the necessary skills to act as mediators in several types of disputes.
The Real Christmas Gift for Kids (12/13/13) Gary Direnfeld Even though parents argue as to the best residential schedule, choice of school, faith, holiday time, Christmas and extra-curricular activities, these issues are simply not as predictive for the wellbeing of children as conflict alone.
Online Mediation Helps Mediators Practice and Improve Their Skills (12/13/13) Giuseppe Leone For a variety of reasons, mediators-in-training are finding it is helpful to supplement their existing training with online role-plays. Online Mediation Training participants, or those transitioning to mediation while working or studying full-time, will appreciate the ease and convenience of conducting their mediation role-plays, debriefs, and feedback online.
Positive Supervision and Intervision (12/13/13) Fredrike P. Bannink Bannink’s latest publication ’Positive supervision and intervision’ is based on the solution focused paradigm for individual and group supervision sessions. Accordingly, learning is about our success stories as well as other practitioners’ success stories and much less about what did not work or went wrong which may be the traditional experience when a problem solving paradigm is used. This articles contains a description of her new book. 2 Comments
Mandela – A Titan Remembered (12/07/13) Art Hinshaw With the death of Nelson Mandela, without doubt the most significant political leader in my lifetime, lots has been written about his impact not only on South Africa but also on the world. And plenty is still to be written. 3 Comments
The Promise of International Commercial Mediation (12/07/13) Beth Graham Although international commercial arbitration has long been the preferred means of resolving cross-border business disputes, the international corporate community has become increasingly concerned about increasing costs, delays and procedural formalities. As a result, parties are looking for other means of resolving cross-border business disputes.
Scotland Can Provide Secure Forum for Global Disputes (12/06/13) John Sturrock This is a difficult time for the world as we face serious tensions in the Middle East. Thirty years ago, the situation was similar. On 1 September that year, fighter jets from the Soviet Union shot down a South Korean jumbo jet near Sakhalin Island, in the Sea of Japan, killing all 269 people on board. The Cold War was at a peak. Relations between East and West were at a low ebb.
What is Your Best Alternative? (12/06/13) Tony Dempsey Negotiation 101 tells us that we must develop a clear understanding of what our best alternative is to negotiating an agreement (“BATNA”) in advance of the negotiation in case the impasse cannot be overcome. A negotiator’s BATNA is the course of action or, if you like, the path he/she will take if a resolution to the impasse cannot be reached through direct negotiation. 1 Comment
To Move or Not To Move an Elder (12/06/13) Halee Burg This article concerns the important decisions that often face caregivers or other family members concerning where an elder family member will live, the strong emotions that are evoked in families contemplating a possible elder move, the important questions that should be considered in considering a move, and how mediation can support families in having a productive discussion concerning this important, complex and highly emotional issue.
So, You Want to be a Mediator? (12/04/13) James Melamed I find myself regularly asked “what do I need to do to become a mediator?” While I do not pretend to have all of the answers, here are some suggestions for beginning your journey.
Who’s Been Getting More From Mediation? (12/03/13) Katherine Graham In many organisations, mediation plays only a limited part, and is done as an activity to resolve a specific conflict. But mediation is more than a specific process. It’s also a set of tools designed to help people let go of their anger and pain and arrive at win-win outcomes; and it’s a collection of values and beliefs which determine how we go about responding to conflict.
Recommendations to Develop International Commercial Mediation in Singapore (12/03/13) James Melamed On December 3, 2013, Singapore’s Ministry of Law unveiled key initiatives to transform and develop its international commercial mediation sector. Based on recommendations of a Working Group established in April 2013 by Singapore’s Chief Justice and the Ministry, the recommendations include the establishment of two new independent mediation entities: a new professional mediation body (the “Singapore International Mediation Institute”), and a new international mediation service provider (the “Singapore International Mediation Centre”).
In Memory of Mediator Jennifer Lynch (11/30/13)
A trusted and well-respected lawyer, mentor, and advisor to her friends and colleagues around the world, Jennifer will be fondly remembered for her knack of connecting and supporting people, for livening up meetings and events with her warmth and humor and for generously providing her wisdom and knowledge.
Parent Conflict After Separation: Taking a Closer Look (11/27/13) Joan B. Kelly, Ph.D. High conflict is often described as the most damaging factor in the post-separation adjustment of children and adolescents. High conflict that continues in the years after separation is indeed a major risk factor for children’s longer-term well-being. However, more recent research has demonstrated that it is only one of several important factors creating risk and potential detriment. The quality of parenting after separation and divorce, for example, is now recognized as equally important, if not more so, because competent and warm parenting acts as a protective barrier against the effects of high conflict.
The Mediator's Checklist (11/27/13) David Laufer Preparing a Mediator’s Check List (“MCL”) of Key Legal and Factual Issues will assist the Mediator to focus on the issues she must master during the Mediation Process (“MP”) to facilitate a voluntary settlement of the dispute.
The Disappearing Opening Statement (11/27/13) Robert A. Berlin The disappearing opening statement is a disservice to the parties, by not giving them a heads-up as to what’s about to occur. By going to immediate problem solving without the parties getting the mediation process blueprint may inhibit their full participation. This, in turn, may deny their self-determination: “That to which they give birth, they will support.”
Bringing Oxytocin into the Room (11/27/13) Kenneth Cloke While people in conflict commonly make reference to the facts, behaviors,
feelings, personalities, or events surrounding their conflicts, for the most part
they ignore the deeper reality that these experiences are all processed and
regulated by their nervous systems, and are therefore initiated, resolved,
transformed, and transcended by their brains. Yet only recently have mediators
begun to consider how our brains influence our conflict behaviors. 2 Comments
NAFCM Releases the 2013 State of Community Mediation Report Supplement (11/26/13) Matthew Phillips On October 25, the National Association for Community Mediation (NAFCM) will release its 2013 State of Community Mediation Report Supplement to its membership. Building upon the groundbreaking 2011 report, the State of Community Mediation 2013 focuses in on inspiring, concrete examples of where community mediation has grown during tough economic times. The report provides a rare, inside look at successful community mediation centers from diverse geographic locations and center sizes. The report will be made available to the public on December 3, 2013 on the NAFCM website www.nafcm.org.
REVIEW of Ellen Bruno’s DVD, “SPLIT: Divorce Through Kids’ Eyes” (11/26/13) Donald T. Saposnek Ellen Bruno’s new film, Split takes us to a whole new level in understanding the effects of divorce on children. The movie is 28 minutes long and consists 100% of interviews of real children (no adults were harmed used in the making of this film) telling about their experiences going through their parents’ divorces. I strongly encourage you to view this lovely film and discover ways to integrate it into your work of supporting families going through divorce. 1 Comment
Internal Dispute Resolution at International Organizations (11/26/13) Joshua Javits Over the past forty years, globalization has made its impact on the law by enhancing the international nature of domestic laws and by heightening the relevance of international organizations. As international organizations have expanded in number and prominence, the traditional boundaries of domestic legal systems have been re-examined. The expansion of employee rights and benefits has exerted upward pressure on international organizations, whose jurisprudence tends to evolve in tandem with domestic law. Thus, international law has increasingly recognized employee rights.
“Private Caucusing” In Civil Pretrial Mediations (11/22/13) Jessica Grynberg, Jeffrey Makoff Two California litigators-mediators challenge the dominant "private caucusing" mediation method, based upon principles and best practices now being taught at the Harvard Law School Program on Negotiation. The authors observe that private caucus mediation or "shuttle diplomacy" is often ineffective in achieving early settlements and argue that skillfully-conducted joint sessions should replace private caucusing in most cases. 3 Comments
Grief, Anger, and Fear (11/22/13) Joe Epstein Family law mediation is laced with raw emotions. Emotional pain, sorrow,
sadness, regret and remorse are encountered in circumstances that call for
courage, calm and control. Family law mediators are called upon to ferret out
motivations, interests and needs in what are often trying circumstances. Such
mediators must be prepared to deal with the four basic emotions of grief, anger
fear, and love. 2 Comments
Complex Civil Appeals (11/22/13) Jerome Falk More than 90 percent of civil cases are settled without trial. By contrast, most civil appeals are briefed, argued and decided by the court. In complex cases when large amounts of money are at stake, settlements pending an appeal seem to be the exception: such appeals frequently go forward to decision without a serious attempt to settle.
The Last Gap in Negotiations. Why is it Important? (11/15/13) John Wade The aim of this paper is threefold. First, to summarise some basic principles concerning negotiation; secondly, to reflect on the reasons why the last gap in negotiations is difficult to cross; and thirdly, to set out in problem solving fashion a number of methods or options to anticipate and cross the last gap. 1 Comment
Avoiding Conflict in the Workplace (11/15/13) Katherine Graham No employee wants to become embroiled in a workplace dispute. If conflict at work isn’t resolved, it can cause stress, frustration, loss of sleep, a bad temperament, illness or other issues for individual employees.