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READ & SEARCH NEWS
04/16/2014

Finra gets arbitration process back on track in Puerto Rico

Finra has expanded its pool of arbitrators and is ready to move forward with the hundreds of complaints related to collapses in Puerto Rico bond funds, according to an announcement posted on its web site Monday. After several months of deliberation, Finra said it will resume processing investor complaints now that it has about 700 arbitrators from Southeastern U.S. and Texas who are willing to fly to Puerto Rico. The Financial Industry Regulatory Authority Inc. has also resolved issues related to the language barrier as UBS AG and Bank of America Merrill Lynch agreed to pay fees for translators.


Papal mediator put to test as Venezuela peace talks resume

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.


Conflict Management, Not Resolution: America's Role in Israeli-Palestinian Negotiations

The current round of peace negotiations between Israel and the Palestinians is on the brink of collapse, with each side accusing the other of failing to live up to previous commitments. Thus, after nine months of fruitless negotiations and the U.S.'s overly ambitious assessment that a deal could be reached within that time frame, Israel and the Palestinians are back where they began.


President of the Family Division hails 'revolution'

Forthcoming changes to the family law in England and Wales amount to a “revolution”, the President of the Family Division has claimed. In the recently published 11th View from the President’s Chamber, Sir James Munby said: “Central to this revolution has been – has had to be – a fundamental change in the cultures of the family courts. This is truly a cultural revolution.” The family courts stand “on the cusp of history” and the changes due on April 22nd mark “the largest reform of the family justice system any of us have seen or will see in our professional lifetimes.”


Ex-jailers, former inmates enter mediation

Two former Hall County Sheriff’s Office employees have entered into mediation with three then-inmates alleging civil rights violations in a Dec. 22, 2010, incident at the jail. Plaintiffs Devonta Wise, his brother Mautious Wise and Russell Green are suing the sheriff’s office, ex-jailer Dustin Charlton and then-Jail Capt. Mark Bandy, alleging their federal civil rights were denied. All three plaintiffs were being boarded in from Fulton County. Their suit alleges the employees were physically abusive, denied them medical care and called them disparaging names, including “trash that Fulton County did not want,” in violation of state law and the U.S. Constitution: the First Amendment right to express concerns about subpar treatment at the jail, cruel and unusual punishment under the Eighth Amendment and excessive force and mistreatment based on race in violation of the Fourteenth Amendment.


UK National mediation initiative gets under way

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.


MIAMs and mediation: a beginner’s guide

UK: Mediation Information and Assessment Meetings (MIAMs), were first introduced in April 2011, but they weren’t compulsory back then and referrals to mediation have fallen dramatically since. But from 22 April 2014, if you are considering making an application to the court about your children you will most certainly need to know what they are, who can provide them and if you need to have one before issuing court proceedings (and in most cases you will). MIAMs are designed to ensure that couples are aware of mediation as a potential way to resolve their problems outside a courtroom.  A MIAM is a meeting with a mediator in which the couple is provided with information about the mediation process and the legal framework that applies to their situation. It is a formal assessment of mediation’s suitability for their individual case.


Amanpour asks Venezuelan President Maduro about mediation

Venezuelan President Nicolas Maduro has agreed to talks with the opposition – with the Vatican as mediator, Reuters reports. CNN's Christiane Amanpour asked President Maduro about this very idea - of having the pope as mediator - when she interviewed him exclusively last month in Caracas.


Surface Transportation Board directs BNSF Railway, Kansas City Southern Railway, and Union Pacific to "Engage in mandatory mediation to resolve" issue of trackage rights

STB's decision announced Monday, April 14, 2014, notes BNSF filed a letter in September 2013 stating the railroad "is more than willing to engage in three-carrier discussions" to resolve outstanding access issues.  STB's decision emphasizes, "The Board favors the resolution of disputes through mediation in lieu of formal Board proceedings whenever possible." STB will appoint a mediator, but notes the Class I railroads involved "may choose to hire a non-Board mediator" as long as the STB is notified within 10 days of the decision.

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Writing a "Winning" Mediation Brief (2/14/14)

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.

Morghan Leia Richardson
5 Ways That Divorce Mediation Can Help Resolve the 'Get' Crisis (2/07/14)
Morghan Leia Richardson
Without the religious divorce, Leah would not be able to remarry -- or even date -- in her community. Her life was on hold, tied to her ex -- at his whim. And she is not alone. This article discusses the conflict that many in religious communities are trying to resolve.

Shannon Rios Paulsen
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

Alberto Elisavetsky
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.com ZZZZZ
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.

Jacques Joubert
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.

Guillermo Kleinlein
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.

Farhana Chowdhury
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.

Guillermo Kleinlein
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.

NAFCM zzzzz
National Association for Community Mediation (NAFCM) Endorses Caseload Manager (1/27/14)
NAFCM
This article is a dedicated to community programs interested in learning more about Caseload Manager. NAFCM programs are eligible for a 10% discount! Caseload Manager is an easy way to manage all of your program's cases, contacts, and calendar items.

Larry Gaughan
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.

Rachel Fishman Green, Esq.
Revisiting Neutrality in Mediation (1/24/14)
Rachel Fishman Green, Esq.
What is the most basic and primary characteristic of good mediation? Neutrality! Imagine asking your clients, “Why would you come here, to sit in this room and have your spouse and me gang up on you?”

Diane Pinto de Costa
Mediated Dialogues on Migration Awaken Solidarity amidst Conflict (1/24/14)
Diane Pinto de Costa
This is an article about a project handled by the Hellenic Mediation and Arbitration Centre in partnership with Mediators Beyond Borders. These two organizations collaborated in the set-up a conflict prevention tool in Greece to address the rising social and political tensions in the Greek and migrant communities.   2 Comments


Time for Another Big Bang in Alternative Dispute Resolution - The World Needs a Global Pound Conference (1/23/14)
Deborah Masucci, Michael Leathes
ADR is sleepwalking globally.  It needs to be shaken out of its slumber.  There is a way to do it. A truly Global Pound Conference!   8 Comments

Shannon Rios Paulsen
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.

Jerry Green
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.

Sandra Untrojb
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.

John Sturrock
There's Nothing Weak About an Apology (1/17/14)
John Sturrock
Breaking the cycle of blame needs someone to have the courage to accept responsibility. It can be hard in mediation, but it is powerful.

Greg Stone
Making Peace in Mediation: Authority, Rights, and Interests - Video (1/16/14)
Greg Stone
This is one of a 40-day video reflection series about conflict resolution. It is produced by the Taming the Wolf Institute and discusses the use of power, rights, and interests in mediation.

Sandra Untrojb
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.


Mediate.com Featured Blogs Policy Statement (1/14/14)
From Mediate.com This policy statement governs the selection and operation of the Mediate.com Featured Blogs program.

Keith Seat
Legal Mediation News - January 2014 (1/14/14)
Keith Seat
This is another in a series of updates on legal mediation news by Mediate.com News Editor, Keith Seat.


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

María victoria Marun
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

James MacPherson
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 diversified businesses.

Keith Seat
Update on Home Foreclosure Mediation (1/10/14)
Keith Seat
This is another in a series of updates on the development of home foreclosure mediation in the United States by Mediate.com News Editor, Keith Seat.

Robert Benjamin
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

Andres Vazquez
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.

Keith Seat
International Mediation Developments - January 2014 (1/05/14)
Keith Seat
This is another in a series of updates on international mediation developments by Mediate.com News Editor, Keith Seat.

Don Cripe
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.

Steve McGuire
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

Fredrike P. Bannink
Venting Anger Feeds the Flame (1/02/14)
Fredrike P. Bannink
Venting negative emotions is precisely what many therapists, coaches and mediators advise people to do. If followed, such advice will only make people angrier and more aggressive.   2 Comments

Nancy Kramer
Storm Sandy Cases -- Mediation Like No Other (12/27/13)
Nancy Kramer
For mediators, disaster aftermath mediation is an interesting and very rewarding kind of conflict resolution. Not your bread and butter or law school style mediation, but one with the potential to help.   1 Comment

Richard Barbieri
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

Uma Ramanathan
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.

Maria Eugenia Sole
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.

Caroline Knorr
Managing Media with Your Ex this Holiday Season (12/20/13)
Caroline Knorr
Two homes doesn't have to mean a double standard on media rules. Keep the peace with these smart strategies. Both kids and parents will be happy.

Howard Iken
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

Laurie Israel
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

Art Hinshaw
Tide Turning a Bit on Mandatory Arbitration Through Recognition that Process Suppresses Claims? (12/20/13)
Art Hinshaw
FOI and semi-regular guest blogger Jean Sternlight (UNLV) shares with us her latest thoughts about mandatory arbitration. There is speculation that mandatory arbitration disserves consumers, but this next year offers options to increase protect fair policies.

Maria Eugenia Sole
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.-

Ana Gonçalves
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.

Gary Direnfeld
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.

Giuseppe Leone
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.

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