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READ & SEARCH NEWS
03/27/2015

Fox's 'Empire' Copyright Lawsuit Best Moved To Mediation, Says Judge

With demands for millions on one side and the seeking of a court declaration that Empire isn’t violating any “purported trademarks rights” on the other, this lawsuit seems to have taken the expressive lane to a sit-down before it could blow up. Just one day after the broadcaster of blockbuster series Empire filed a complaint for declaratory relief against music label Empire Distribution, the federal court today said it wants the parties to work out their problems in mediation before going to trial. Maybe not the way Lucious Lyon does business on the fictional Empire but the ways of real-life busy courts. 


Medical Malpractice Claims in Wisconsin Fall to Record Low

Medical malpractice claims hit a record low last year in Wisconsin, according to the Director of State Courts. The number of medical malpractice lawsuits fell to 84 last year from 140 in 2013. There were 294 suits filed in 1999. The state Medical Mediation Panels got 118 complaints last year, the fewest in their history. Plaintiffs must file with the panels before they can sue.


Lawsuit against prominent Paterson imam may go to mediation

A NJ state judge has ruled that a lawsuit can proceed against leaders of the Islamic Center of Passaic County that alleges widespread misuse of the organization’s funds. Ruling on a motion by the center to toss out the lawsuit, Judge Margaret Mary McVeigh in Passaic County Superior Court on Friday said that she would consider most of the suit’s claims, but urged the parties to go into mediation.


Enormous hike in court fees - will we see a rush to mediation?

Earlier this month, the Ministry of Justice implemented massive increases in the fees the courts charge to those parties who commence proceedings. Claims for more than £10,000 now attract an issue fee of 5% of the value of the claim up to a limit of £10,000, so, for example, a claim for £200,000 will now cost £10,000 to issue in addition to lawyers’ fees. The recent hike in court fees ought to make more businesses pause before instructing their lawyers to issue proceedings. in any event, there is much to be said for embarking on a mediation prior to the commencement of proceedings.


Mediation program alternative to costly EEOC litigation

Employers were encouraged Monday to take part in the Equal Employment Opportunity Commission’s mediation program, with one lawyer saying the program has been successful in resolving employment discrimination cases and saving employers money and time by avoiding litigation. Speaking at the Society for Human Resource Management’s Employment Law & Legislative Conference in Washington, D.C., Whitney Warner, a founding partner with the labor and employment law firm of Moody & Warne in Albuquerque, N.M., tackled several myths about participating in EEOC mediations.


Federal Justice Dept. mediator heading to Pasco

The U.S. Department of Justice's Community Relations Service will be in Pasco next week to begin mediation talks between the city's police department and community leaders. Talks will be centered around the recent shooting of Antonio Zambrano-Montes by three Pasco Police officers, and claims the department's use of force was unjustified and it's rank and file are out of touch with the largely Hispanic community. The process, once started, is confidential and has no law enforcement attached to it, according to the Department of Justice. Action plans can come once completed, however.


In the City: Clear up disputes with neighbors in spring

Spring is time of renewal and rejuvenation. The sun is shining, plants are growing and the temperatures are rising. As you embark on this season of change and renewal, think about taking steps to reduce the impact your actions have on your neighbors and also think about how to communicate when your neighbors' actions impact you. If you aren't comfortable because you feel there is conflict, your neighbor probably feels uncomfortable too. Here are some quick steps to try to begin resolving conflict.


Manhattan Borough President Seeks Rent Mediation For Mom-And-Pop Businesses

A proposal by Manhattan Borough President Gale Brewer would give small businesses a year-long reprieve if their landlords try to boot them out. It’s not a new issue, and Brewer said her idea is not a new one. “Rent mediation has been bandied about for many years, decades even, but in a different way,” she said. Under Brewer’s proposal, if a landlord seeks to jack up a store’s rent, a mediator would try to work out a deal. If one cannot be reached, the business would receive a one-year extension so that it has time to find a new space. In the meantime, its rent would increase by no more than 15 percent.

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Jeffrey Fink
After the Conflict is Resolved (2/06/15)
Jeffrey Fink
It does not matter who you are, or whether you are fighting on behalf of yourself or your organization. As a conflict is prolonged, people repeat and rehearse the story over and over again in their minds. When it is time to move on, it can be hard to disengage.

Donal O’Reardon
The Transpersonal is the Future of Mediation (2/04/15)
Donal O’Reardon
The future of mediation and conflict resolution is the transpersonal. “Transpersonal” means a view of the person as more than their conscious mind.


Integrating Conflict Management and Workplace Mediation Practices: A Blueprint for Future Practice (2/03/15)
Craig Runde, Daniel Dana
A key motive for closer integration between workplace mediation and conflict management processes is the desire of organizational clients to control costs. In a manner similar to the evolution from litigation to alternative dispute resolution, organizations are increasingly recognizing the advantages of improved ability of managers and employees to manage their conflicts at the lowest possible level and at the earliest possible time.

Nathan Witkin
Negotiation Advocacy and the Future of Alternative Dispute Resolution (2/03/15)
Nathan Witkin
One promising and yet underdeveloped segment of the alternative dispute resolution movement is negotiation advocacy. Roles such as collaborative attorney and conflict coach are allowing ADR practitioners to enhance their clients’ experience at the negotiation table with communication coaching and a style of advocacy that is cooperative in nature.

Elizabeth Kent
The “Peter Principle” Revisited (2/03/15)
Elizabeth Kent
In celebration of its 20th year, Mediate.com has challenged us to think about the future. Where should the field be 20 years from now? I decided to look to the past, and specifically at one person, to learn from past experience about what has helped to move the field forward.

Managing Editor
South Africa to Launch Court - Annexed Mediation in Mahikeng (2/03/15)
Managing Editor
South Africa has officially launched the Court-Annexed Mediation in Montshioa Stadt Village, Mahikeng. The alternative dispute resolution mechanism will allow for a negotiated settlements and alleviate huge litigation costs.


F=T(Q+I) F = The Future; T=Trust; Q=Quality; I=Information (2/02/15)
Deborah Masucci, Michael Leathes
The Future of mediation hangs on several factors. Probably the most important is Trust. If mediation is not widely trusted by users, it has a mediocre future. This is simply because mediation depends on the parties, who usually do not trust each other, fully trusting the mediator and the mediation process. Unfortunately, mediation appears to stand some way down the trust stakes.

Michelle Brenner
Mediation Past, Present, and Future…. (2/02/15)
Michelle Brenner
Mediation has been part of the story of mankind. The word mediation may be part of the 20th century English vocabulary, but the meaning behind it has roots and seeds that have been developed as long as mankind has existed.

Robert Benjamin
The Place of an Old Fashioned Deal Broker in the Future of Conflict Management: An Interview with Kenneth Feinberg (2/02/15)
Robert Benjamin
Robert Benjamin recently interviewed Kenneth Feinberg for Mediate.com about his career over the last 30 years. He has managed the settlement of complex and difficult claims in the wake of some of the largest catastrophic events we have faced as a society and has pioneered an approach that has altered, not only the legal landscape, but also our culture. Read the interview in this article.

Elizabeth Kent
Celebrate Groundhog Day! How Punxsutawney Phil Helps Me Help People (1/30/15)
Elizabeth Kent
Many people I work with experience the Groundhog Day phenomenon in their lives and interactions, leading to unsatisfying conversations, a failure to have conversations about important things, and further conflict.

Gregorio Billikopf
Without Compulsion: Teaching Mediators Empathy (1/30/15)
Gregorio Billikopf
When we are in conflict, our counterparts become our enemies. We block positive feelings we may have about them. We may try and bravely think of something good to say, but emotional leakage gives away the pain we are feeling. It is difficult to move our counterpart out of the enemy camp, and even more difficult to say something positive about him or her.

Joe Markowitz
Technology (1/30/15)
Joe Markowitz
If somebody were to ask me (actually somebody did ask me) about the future of conflict resolution, my answer would have to include technology. Technology is already enabling us to do things that would have been unimaginable only, say, 20 years ago.

William Ury
William Ury “Getting to Yes with Yourself” – 53 min. Video (1/29/15)
William Ury
Renowned negotiation expert William Ury visited Google's Cambridge, MA office to discuss his book, "Getting to Yes with Yourself (and Other Worthy Opponents").

John Kenyon
Beyond “Half Full or Half Empty” - Getting the Right Glass (1/27/15)
John Kenyon
The mediation field continues to debate its future with optimists and pessimist talking past each because fundamentally we do not agree on what constitutes mediation. The article takes a different perspective and suggests several ways to tackle the thorny issue of definitions along with using a practitioner to manage these divisive issues.

Howard Gadlin
Truths in Advertising (1/26/15)
Howard Gadlin
Several times in the course of my life I’ve been involved with a cohort of people who envisioned themselves as a possible vanguard of fundamental social change even while they were pursuing professional careers In fact, many of the early mediation practitioners were also veterans of civil rights and anti-war activities who were drawn to ADR as an alternative path to justice, equality, and social change.

Managing Editor
Transformative Mediaton - Video (1/26/15)
Managing Editor
Video on Transformative Mediation produced by Conflict Masters UK.

Richard Barbieri
The Police and the Public: A Mediator’s Reflections (1/23/15)
Richard Barbieri
In a society where media coverage and public concern shift rapidly from one headline to another, tension surrounding the deaths of Michael Brown and Eric Garner seems to have exceptional durability and to be spilling into numerous venues, not least the conflict between New York’s police and its mayor. What insight can mediators offer as we seek to understand, and perhaps avoid, such escalating situations in the future?


Joint Sessions: More Arrows in the Mediation Advocacy Quiver (1/23/15)
Daniel Ben-Zvi, Caroline Vincent
While private caucuses and shuttle diplomacy successfully produce settlements, attorneys who also choose to advocate directly to their opposition in joint session are availing themselves of more arrows in the attorney’s quiver.  Mediators Daniel Ben-Zvi and Caroline Vincent encourage attorneys not to overlook this valuable tool and discuss strategies to use in conjunction with joint sessions to provide the most favorable resolution for their clients.

James Stovall
A Movement Toward Empowerment (1/22/15)
James Stovall
I want to comment on the future of mediation by talking a bit about the past. Whenever I train a group in mediation I make an attempt to locate mediation within a historical context reminding people briefly of the invention of hierarchy and top-down decision-making.  Think of a giant ship making a turn in a new direction.  It doesn't happen instantly. 


Mediate.com Announces Mediation Futures Project (1/20/15)
Jim Melamed, Robert Benjamin, Clare Fowler
In Celebration of our 20th Year, Mediate.com has announced The Mediation Futures Project. Ultimately, our goal is to develop a set of blueprints for the mediation field most effectively moving into the future. Submit your article or comment today!

Debra Oliver
Mediation: Centerpiece of World Recovery (1/20/15)
Debra Oliver
This articles examines the future of mediation as a tool for global improvement. There are a variety of venues where mediation might prove to be the only answer for entrenched conflict.

Kenneth Cloke
The Future of Mediation: Toward a Conflict Revolution (1/18/15)
Kenneth Cloke
We evolve, not only as individuals, but as couples, families, groups, organizations, societies, economies and polities, both in the nature of our conflicts and in our approaches to resolution, moving from simple to more complex, nuanced and skillful forms. But in order to evolve, it is necessary for us not merely to settle or resolve the particular conflict we are facing, but also its hidden coda, essential nature, or binding principle, by learning the secret lesson it took place in order to teach us.

Jennifer Winestone
Best Interests and Little Voices: Child Participation in the Family Mediation Dialogue (1/17/15)
Jennifer Winestone
This article examines the circumstances in which the child's perspective and inclusion is appropriate in divorce mediation and provides guidelines for achieving a safe inclusion process.

Eduardo Andres Sandoval Forero
Educación y Paz Integral Sustentable y Duradera - en Espanol (1/16/15)
Eduardo Andres Sandoval Forero
En el presente capítulo exponemos algunas ideas sobre la paz integral, su sustentabilidad y durabilidad. Abordamos la relación de la paz integral con la educación, entendida como un subsistema en el que se presentan conflictos, violencias, variedades áulicas y dinámicas de respeto y aplicación de los derechos humanos, de tolerancia, reconocimiento a las diversidades y praxis de cultura de paz.

Managing Editor
DREAM: Dare to Revitalize Education through Arts and Mediation - Video (1/15/15)
Managing Editor
Peer mediation video produced by ICHS peer mediation group.

John Sturrock
Hope for The Future of Mediation Internationally (1/13/15)
John Sturrock
My own work has taken me into the legislatures of many of the assemblies and parliaments in the countries of the United Kingdom to train and coach members in “scrutiny skills”. I believe that many politicians do understand the real value of this training at an individual level. I believe that they wish to move away from the time-consuming, energy-depleting, morale-sapping and often futile game of positional politics. They sense that this change is what their constituents want too.

Nina Meierding
Looking to the Future: Is There Still A Place For Proactive, Early Intervention Mediation in Our Changing Field? (1/13/15)
Nina Meierding
In the author's experience as a mediator in over 4,000 cases and in almost thirty years of working with advocates, consulting attorneys, and collaborative lawyers, she believes that all forms of mediation are valuable processes which each have their place in helping parties move forward in their conflicts. She takes no position on the "best" process, only that self-determination remains the ultimate goal of any form of mediation. She is hopeful that mediators, participants, and attorneys will re-examine the trend of late intervention, lawyer-centric mediation and bring pro-active, early mediation back as one of the important focuses of the mediation field.

Robyn McDonald
The Critical Role of Mediation in Bridging the Access to Justice Gap (1/09/15)
Robyn McDonald
For more than a decade, Colorado has worked to provide access to justice (ATJ) for its indigent and modest means citizenry. Despite efforts by the bar and the courts, the state continues to struggle in its pursuit. What has been so often overlooked, however, is how mediation provides the courts and litigants an affordable, efficient option to resolving many disputes.

Cris Pastore
Alimony in PA: Friend or Foe in Divorce? (1/09/15)
Cris Pastore
Alimony has become the "black sheep" of divorce law, often viewed as evil, spiteful and punitive. In my opinion, these perceptions are greatly misguided. I see alimony as entirely moral and appropriate, but only when it is necessary. Read my article to understand why.

Jon Warner
Conflict Theory (1/09/15)
Jon Warner
Everyone experiences conflict in their life so it should be no surprise that it also occurs in the workplace. However, organizational conflict theory says there are several varieties of conflicts within a given enterprise, with interpersonal being only one type. Departments have conflicts with one another, senior managements have power struggles and teams/organizations even have conflict with other teams/organizations.

Bill Marsh
Who's Running the Show? (1/09/15)
Bill Marsh
Noted mediation thinkers such as Robert Bush and Joseph Folger write an empassioned challenge to the profession “Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination”, arguing that mediation has shifted radically away from the party self-determination which is its essence.

Jeffrey Grubman
Why are Attorneys Afraid of Conflict in Mediation? (1/09/15)
Jeffrey Grubman
The mediation process has evolved significantly over the past few decades. Mediation was initially viewed skeptically by trial attorneys who viewed themselves as warriors who preferred to try cases rather than settle them.

Maria Eugenia Sole
Violencia Familiar y ODR - Video en Espanol (1/07/15)
Maria Eugenia Sole
¿Cómo podemos definir la violencia familiar? En primer lugar, podemos decir que la violencia familiar o violencia doméstica es cualquier forma de abuso entre los miembros de una misma familia, de un miembro a otro miembro. Este abuso generalmente causa un daño físico o psicológico a este miembro de la familia.


The Future of Mediation in Different Sectors (1/05/15)
Elinor Robin, Susan Dubow
Mediation has come a long way in the last 4 decades since it was endorsed, but this article examines all of the areas in which mediation still needs to grow.

Doug Yarn
Re-conceptualizing the Work as Something Bigger than Ourselves--Reconciliation (1/05/15)
Doug Yarn
After toiling in this field for 30 years, I have the strong sense that the patina has worn off and the institutions we have created are fraying and unsustainable in their current manifestations. I’m in good company in this perception; however, that doesn’t mean there is no future for mediation.

Zeno  Daniel Sustac
Mediation Anthem to Ring in the New Year (1/02/15)
Zeno Daniel Sustac
As the new year breaks, Zeno Sustac shares his Romanian mediation anthem, and now an English translation of the anthem as well!

Ralph Kilmann
Thomas-Kilmann Instrument: A Reflection on 40 Years (1/02/15)
Ralph Kilmann
Many mediators have used the TKI to illustrate concepts of avoidance and collaboration. On the 40th anniversary of the Thomas-Kilmann Instrument, Ralph Kilmann reflects on what they've learned.

Elinor Robin
Four Things You May Not Know About Conflict Even Though You Are Already A Conflict Expert--Book Excerpt (1/02/15)
Elinor Robin
Preview an excerpt of Elinor Robin's new book. Most of its content is relevant to the work we do as mediators, but not typical of the information generally presented during a mediation training program.

Karl Bayer
How Do We Create Better Inventives? (12/26/14)
Karl Bayer
Notwithstanding rules, admonitions and the fervent desire for efficient resolution of disputes, our current system of litigation creates incentives to drive up the costs of litigation. So how do we change these incentives?

Alberto Elisavetsky
Tercer artículo colectivo producto del debate en el foro Cyberweek 2014 sobre Sistemas Normativos y ODR (12/26/14)
Alberto Elisavetsky
En casos de ODR respecto de situaciones transfronterizas, sólo tenemos las normas de Derecho Internacional Privado. Es bueno destacar que el Grupo III de la CNUDMI (Comisión de las Naciones Unidas para el Derecho Mercantil Internacional -o UNCITRAL en Inglés), está reuniéndose desde hace bastante tiempo (celebraron su 30° período de sesiones entre el 20 y el 24 de octubre pasado en Viena), a fin de elaborar un proyecto de reglamento para la solución de controversias en línea en operaciones transfronterizas de comercio electrónico.

Nicolas Ulmer
The Witness Statement as Disclosure (12/26/14)
Nicolas Ulmer
As arbitrator I often glance through the witness statements early-on in order to get a more direct “feel” for the case, its players and its history, as well as for planning purposes.

Phyllis Pollack
Mediations Are Supposed To Be Confidential... But Are They Really? (12/19/14)
Phyllis Pollack
Many times a mediator has analogized mediation confidentiality to the television ad, "What happens in Vegas, stays in Vegas" to explain the sacrosanct nature of mediation confidentiality. But, are mediations really confidential? This article was reposted to ensure mediators are fully aware of this important topic.

Bruce Provda
6 Reasons You Need a Prenup (12/19/14)
Bruce Provda
Many divorces happen because of financial problems. A prenup forces both parties to look at — and reveal — their financial picture. An open discussion about finance may help to build a firm foundation for marriage.

Brad Heckman
Police Academy IX: This Time It’s Interpersonal (12/19/14)
Brad Heckman
The New York Peace Institute recently conducted a mediation training for the NYPD. They have kindly shared how the training went, tips and tricks for training, and some insights into the cross-over between police and mediation.

Donald T. Saposnek
Mediation Going Forward: What Do We Know? What Can We Expect? (12/17/14)
Donald T. Saposnek
The current complexity of our problems, at least in the U.S., is close to the point of overwhelm; for the individuals involved, for the governments that rule them, for the courts that adjudicate them, for the economic systems that support them, and because of the corrupted values that guide them.

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