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READ & SEARCH NEWS
05/06/2015

Judge orders mediation in ex-State Bar exec's suit for retaliatory firing

A judge Tuesday ordered both sides to attempt to mediate a settlement in a lawsuit brought by a former State Bar executive who alleges he was fired for exposing ethical breaches within the agency responsible for the oversight of the state’s attorneys. “I would like you all to give it a shot with Judge MacLaughlin,” Beckloff said. “I’m giving you timeout to get something accomplished.”


3 Business Situations That Are Ripe for Mediation

As a business owner, you know how expensive legal fees can be, so the sooner you can settle disputes, the less costly it is. Mediation is a dispute resolution process in which parties agree to work out a legal matter themselves with the help of a third party. Mediation typically is a speedy process (certainly quicker than going to court) and can save you money on legal fees. Recommendations resulting from mediation aren’t binding on the parties, but usually are acceptable after completing the process. Here are 3 situations where you may want to consider using mediation before proceeding to litigation.


Rutgers fight with Douglass alumnae may be headed to mediator

The president of Douglass College's alumnae association will recommend Monday that the group accept Rutgers University's offer to bring in a mediator to settle a dispute with the school. Jeanne Fox, president of the Associate Alumnae of Douglass College, said she plans to ask her group's executive board to agree to mediation at an evening meeting. Rutgers officials extended the offer to bring in a mediator last week after a fundraising dispute between the alumnae group and the university ended up in court.


$14 million dispute over Blackbeard pirate ship goes to mediation

A $14 million legal dispute between a treasure-hunting company and the state over access and media rights to Blackbeard's pirate ship has been sent to mediation. The case is pending with the N.C. Office of Administrative Hearings, and as of last week was referred to outside mediation. Intersal Inc. of Florida, which discovered the wreck of Queen Anne's Revenge off the North Carolina coast in 1996, says that the state has violated the terms of a contract it signed with the company in 2013. The issues include rights related to video and photography made of the wreck and the recovery, study and reproduction of its artifacts.


Gallup Diocese, Abuse Victims to Begin Mediation

A bankruptcy judge has ordered the Roman Catholic Diocese of Gallup, N.M., its insurance carriers and lawyers representing 58 alleged sexual-abuse victims to begin mediation no later than July 15. Judge David Thuma, who oversees the diocese’s bankruptcy proceedings, signed off on mediation at the request of both alleged victims and the diocese, which stretches across broad swaths of northern Arizona and New Mexico. Mediation is likely the best opportunity to resolve the diocese’s bankruptcy case through a settlement that provides compensation to alleged victims and protects the church from future litigation, according to lawyers involved in the case. Other diocesan bankruptcies prompted by sexual-abuse claims have stretched out over years, racking up huge legal bills.


Police, Harvard near deal to mediate civilian complaints

After years of false starts, the Boston Police Department is nearing a deal with its three unions and Harvard Law School to set up a simpler, speedier system for resolving many of the civilian complaints lodged against officers, police and Harvard officials say. Under the system, mediators from the Harvard Negotiation & Mediation Clinical Program at Harvard Law School would handle dozens of the more moderate disputes that clog up the department’s Internal Affairs Division, to the frustration of plaintiffs. Those grievances generally involve rudeness, unprofessional conduct, and abusive language. More severe cases would continue to be adjudicated by Internal Affairs.

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Louise Phipps Senft
Transforming the Adversarial Ethic (3/06/15)
Louise Phipps Senft
This article describes the differences between transformative mediation and directive mediation and posits that transformative mediation, which assists people with quality dialogue helping them to engage in meaningful explorations of the situation and possible solutions, whether they agree or not, is exactly what corporate counsel and litigators could embrace.

Elliot Platt
It's Never Just About Money (3/06/15)
Elliot Platt
This article describes the mediation process and the approach of a good mediator. It is intended to encourage litigators to utilize mediation.

John Wade
Negotiation Lessons from the Book (not the Film) of Exodus (3/06/15)
John Wade
The recent film “Exodus: Gods and Kings” has sparked some renewed interest in the actual written record of those events.So I share some of the themes which have emerged belatedly for me in this case study extraordinaire. One of the indicators from research of an “expert” modern day negotiator is someone who takes time to reflect systematically on past negotiations and attempts to record lessons from those events.

Merri L. Hanson
Back to the Future of Mediation (3/05/15)
Merri L. Hanson
For some reason, beyond my understanding, the decades old debate continues. How should mediation be defined? The better question is, “How can the practice be applied?” And herein is the genesis of the divergent paths upon which mediation has developed in the last thirty years.


The Future of Mediation - Video Interview of Ken Cloke (3/03/15)
Kenneth Cloke, Peter Adler
The use of mediation has grown and evolved over last the thirty years. As the “founders” begin to retire and new voices emerge, what is the future of mediation from a global perspective?

Leslie Short
Shaking My Magic 8 Ball Looking Into the Future of Mediation (3/03/15)
Leslie Short
I have shaken my magic 8 ball and it landed on Conflict Coaching. Some of you may say nothing “futuristic” about that I've been doing that for years. I believe it may be used in private practice, but not in community centers.

Laura Kaster
Back to the Future? – Not Likely (3/02/15)
Laura Kaster
Mediation is evolving. It should -- as many have stated in these columns -- remain connected to its routes in the joint session and party self-determination.

Forrest (Woody) Mosten
The Future of Mediation: Twenty Predictions for Mediation in 2030 (3/02/15)
Forrest (Woody) Mosten
If as Eleanor Roosevelt said, “The Future Belongs To Those Who Believe In The Beauty Of Their Dreams,” we in the mediation community have much to look forward to.

Henry Brown
Musings on Mediators, Pizza-Makers, and Humanity (3/02/15)
Henry Brown
I began this article on the future of mediation practice at what I thought, reasonably enough, was the beginning. Discussing how I came to New York in 1985 to train with John Haynes on a new approach to managing disputes that at that time had not yet found its way to the United Kingdom where I practised as a solicitor. However, In the course of writing and reviewing this piece, it began to dawn on me that while the trip was my conscious recollection of the beginning, it was not the actual beginning of my attraction, engagement and investment in what has become a personally and professionally fulfilling career.

Sandra Untrojb
The Future of Mediation: Teens and Technology (3/01/15)
Sandra Untrojb
Preparation for the future of mediation needs to focus on who will be using mediation and how. The audience in 20 years will have different expectations than the audience of today.


Mediation and the Black Belt Lawyer (3/01/15)
Andrea Maia, Juliana Loss de Andrade
The symbolism of the term ‘’black belt’’ may lead us in the first place to its meaning in the martial arts field, especially when you had your childhood influenced by the lessons from Mr. Miyagi and Daniel San’s hard path in Karate Kid. Comparatively, but differently from the Karate world, our corporate environment also has “black belts” who rely on knowledge, discipline and wisdom.

Stacy Roberts
5 Tips to Prepare for Mediation (3/01/15)
Stacy Roberts
Utah mediator Stacy Roberts shares her suggestions on how to prepare for the best possible mediation experience. Enjoy this video.

Rafael Gonzalo Medina Rospigliosi
La Tercera Ola de los Mecanismos Alternativos de Solucion de Conflictos (3/01/15)
Rafael Gonzalo Medina Rospigliosi
Los Mecanismos Alternativos de Solución de Conflictos con su sigla MASC, engloban a un conjunto de procedimientos solucionadores de conflictos humanos, de manera autocompositiva, heterocompositiva o hibrida, sin utilizar la fuerza y ejecutados fuera del proceso judicial, es decir, con los MASC se crea soluciones no jurisdiccionales e inteligentes, caracterizados por ser no confrontacional, cooperativos, de autogestión y de protagonismo ciudadano, siendo incorporados el último decenio del siglo pasado, en los sistemas de justicia, en casi toda América Latina.

Bernard Mayer
Be Less Certain—and More Flexible (2/27/15)
Bernard Mayer
The challenge we face is how to be adaptable but still focused and effective. To meet this challenge, we need to remain clear about our fundamental purpose, to keep working on refining our skills and enhancing the range of approaches we can take to achieving those purposes, to commit to diversifying our field, and to maintain a clear hold on our values and ethical principles.

John Licciardello
Revolution Calling (2/27/15)
John Licciardello
The Need For Increased Coordination Among Divorce Professionals: The divorce experience starts early...perhaps in the therapists office and the Wednesday reading group where the decision is made...quietly... to move on. And once the papers are signed there are months of recovery, both financial and psychological, until a sense of "normal" is achieved. The whole process can take several years from start to finish, and involves a host of professionals. So it is no small surprise that the outcomes are varied and often poor.

Sandra Untrojb
El Futuro de la Mediación: Los Adolescentes y la Tecnología (2/27/15)
Sandra Untrojb
En mi opinión el futuro de la mediación se basa en dos pilares fundamentales: los adolescentes y la utilización de las nuevas tecnologías.


Don't Rush (2/26/15)
Christian Radu Chereji, Constantin-Adi Gavrila
There is a lot of talk nowadays about the apparent failure of mediation to live up to its potential. Reports published on paper and online, presented before institutions or at various conferences, point to the relatively low number of mediation cases compared to the number of lawsuits filling the logs of the courts and then draw the inevitable conclusion that mediation has missed the opportunity of (be)coming mainstream.

Larry Gaughan
Mediating Divorce Agreements: The Problems and the Potential (2/26/15)
Larry Gaughan
It was really exciting to be part of the divorce mediation movement when it became national around 1980. Almost everyone seemed to be aware of the problems with the adversarial system of divorce, and mediation held the promise of a process that was more personal and far less expensive and time consuming. Mediation training was mainly focused on divorce agreements, and those training courses rapidly became a major source of income for the trainers.

Josefina Rendon
Ética y Profesionalismo del Mediador: Una Receta Para el Éxito Profesional (2/26/15)
Josefina Rendon
Hace varios años en Houston, Texas, asistí a una interesante presentación sobre acuerdos escritos y otros temas de mediación para abogados. La diferencia entre los dos exponentes me pareció tan diferente que todavía los recuerdo después de tantos años. Un exponente habló en términos de movidas, estrategias y “trucos del negocio”. El otro habló en términos de buenas prácticas y normas éticas.

Jan Frankel Schau
Time Traveling (2/25/15)
Jan Frankel Schau
Litigation and mediation need to change in the future. People have new expectations about interacting with professionals, and the wise mediator will make note of these changes and incorporate these new trends in their practice.

Greg Rooney
Rebooting Mediation by Detaching from the Illusions of Neutrality, Just Outcomes, and Balanced Power (2/23/15)
Greg Rooney
I would submit that the next quantum leap for the theory and practice of mediation is to detach from the concept of neutrality as a core element of mediation practice. I propose to reboot the profession of mediation by championing the proposition that mediators are not neutrals. That they bring their own personal history and professional expertise to the process of assisting parties who are in dispute.

Leslie Short
Branding the Industry of Mediation (2/20/15)
Leslie Short
We were all trained to be aware of “what's in our bags” or to phrase it differently, what each person brings to the table. Then we’re told you must not bring anything to the table but the ability to listen and ask open-ended questions.

Tracy Allen
The Mediation Future (2/20/15)
Tracy Allen
So long as market users , i.e. the true decision makers, remain dependent on their legal counsel to select, direct and control the mediation/negotiation process, there is likely to be little advancement in public education about the importance and availability of mediation.

Alex Azarov
APR: Alternative Political Resolution (2/20/15)
Alex Azarov
Mediation has proven to me that adversarial litigation is an archaic way to resolve many of our conflicts. I think it's logical that we the best for the future is to use mediation to resolve the political deadlocks that are plaguing our societies, transforming democracy from the divisive popularity contest that it has become to the participatory civic engagement that so many have fought for.

Katherine Triantafillou
The Art of Conversation and The Future of Mediation (2/20/15)
Katherine Triantafillou
Although I am pretty good at envisioning the future, I don’t really have any grandiose images of the future of mediation. Rather, I have some cautionary tales and a few suggestions for how we might impact the future and avoid the pitfalls of insularity.

Zeno  Daniel Sustac
Philosophy of Mediation (2/13/15)
Zeno Daniel Sustac
When we speak about the philosophy of mediation we inherently have to relate to the philosophy of law and the philosophy of conflict. The philosophy of mediation is a present-day subject and of interest among the specialists in the Alternative Dispute Resolution field.

Jennifer Winestone
Mandatory Mediation: A Comparative Review of How Legislatures in California and Ontario are Mandating the Peacemaking Process In Their Adversarial Systems (2/13/15)
Jennifer Winestone
This article examines the evolution of two mandatory mediation programs in the state of California and the province of Ontario, how they differ, and the lessons we can take from each program's successes and failures.

John Sturrock
The Mediator's Log: A Mediation Story - Section 3 (2/13/15)
John Sturrock
The Mediator's Log gives a step-by-step diary of a mediator's day as he moves through a complex negotiations. This is the final step of the mediator's negotiations.

John Lande
We Need a Better Consensus About Negotiation Theory (2/13/15)
John Lande
In previous posts, I argued that there are serious problems with the general consensus on negotiation theory reflected most clearly in Getting to Yes. I described problems with the system of negotiation models, which assumes that most or all negotiations can fit into two models of highly-correlated variables (or a few variations of these models).

Mary Aderibigbe
The Importance of Preventive Law to the Growth of Mediation (2/10/15)
Mary Aderibigbe
We are in the information era marked by influx of ideas, data flexibility and improved efficiency. This information age has to a large extent contributed to global decline in career and employment opportunities.

Jacques Joubert
Ambiguity and Mediation (2/06/15)
Jacques Joubert
Some time ago I acted pro deo – instructed by the state but literally meaning for God – for a client who was on trial for murdering his victims with the heavy wooden handle of a pickaxe. It was a difficult case, but I learned a lot about high conflict mediation.

Becky Bartness
The Business of Mediation (2/06/15)
Becky Bartness
Many mediators are drawn to this field because they have a calling to help. This article reminds us that the work we do is valuable. It is important to see mediation as a legitimate business--and then the public will begin reflecting that view.

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").

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