Mediation Today
August 2016
8/23

Antagonistic Mediators Can Make Resolving Disputes Easier

New research suggests that hostility from a third party — such as a mediator facilitating the dispute — can actually reduce conflict. We discovered that a mediator’s stern treatment of both parties causes adversaries to unite against the mediator, which increases their willingness and propensity to reach agreement. read

 

Settlement talks collapse in Yosemite National Park trademark clash

Efforts to settle the dispute between the federal government and Yosemite National Park’s former concessions company over trademarks have stalled, foreshadowing a potentially costly and time-consuming court battle. read

 

Mediation ordered in suit over autopsies in 8 Ohio killings

The Ohio Supreme Court wants a settlement to be reached in the case of a newspaper suing a coroner for autopsy records in the unsolved slayings of eight people. A complaint by The Columbus Dispatch that is before the court alleges the Pike County coroner is improperly withholding final autopsy records. The coroner says the autopsies are “confidential law enforcement investigatory records” that aren’t subject to public records laws. The court ordered the case to mediation. The Cincinnati Enquirer filed a similar lawsuit, which is also in mediation. read

 

Low crop prices mean jumps in farm mediation

Low commodity prices are forcing many farmers into difficult positions.  One choice is bankruptcy.  Others turn to the help of a mediator to negotiate with creditors. The number of mediations is up by 20 percent this year in Minnesota. In Iowa, the number has been steadily rising since the 2013-14 fiscal year, up to 525 in 2015-16. read

 

Bernards, Islamic Society headed to mediation

A federal lawsuit over a township's denial of a proposed mosque starting is heading to mediation next month. US Magistrate Lois Goodman ruled Friday that the lawsuit between the Islamic Society of Basking Ridge and township will be mediated by retired US District Judge Joel Pisano. read

 
8/18

Scammers posing as local mediation center during call

It seems like a new phone scam pops up every day. Now, police say scammers are posing as a local mediation organization to get personal information from people in Lincoln. read

 

Second lawsuit filed in KSU rape case sent to mediation

In response to the second lawsuit former Kent State softball player Lauren Kesterson filed against the university earlier this month, the Ohio Supreme Court has ordered the case to mediation. read

 

Avoid Tragic Ending: Start With a Negotiated Farewell and Divorce Mediation

When divorce seems like the best and only option, spouses can dramatically impact the quality of their divorce process by initiating the divorce using a strategy called the Negotiated Farewell. read

 

Lawsuit against Transportation Secretary Foxx headed to mediation

A lawsuit alleging U.S. Transportation Secretary Anthony Foxx performed little to no work in a past job at defunct Charlotte bus maker DesignLine is heading to mediation. read

 

Boston officers say no to mediation program

It's been almost a year since the Boston Police Department began its mediation program and not a single complaint against an officer has been mediated. read

 
8/16

Midwives agree to mediation on pay parity

New Zealand Midwives have agreed to negotiate with the government over gender pay parity, just days out from a scheduled court case. read

 

The Magic Word That Makes You Seem Extra Persuasive

research suggests that when you’re thinking about how to phrase your ask, there may be a magic word that makes it seem that much more doable: willing. As in, “Are you willing to do XYZ?” read

 

After suicides, nonprofit giving peer mediation training to Livingston schools

The Livingston community was hit hard earlier this year. Folks were left reeling from the suicide deaths of two teenagers and two adults within weeks of one another. In response to that crisis, a grassroots effort called the #WeWillListen campaign began. Now #WeWillListen is partnering with Bozeman’s Community Mediation Center to sponsor a training for school administrators, teachers and staff to help bring peer mediation into Park County schools with suicide prevention as the driving goal. read

 
8/12

A new path for resolving condominium disputes

The alternative dispute resolution (ADR) community and others appreciate the opportunities that mediation and arbitration provide to preserve relationships and offer win-win solutions for conflicting parties. The big hope is that the Protecting Condominium Owners Act’s regulations and Condominium Authority will provide the long-awaited and much-needed direction to these processes that is lacking in the current legislation. read

 
8/09

Kazakhstan: Mediation As A Modern Means For Settlement Of Conflicts

When did the definition "mediation" appear for the first time? read

 

WPI, raped student agree to mediation in lawsuit against school

Both sides in a pending civil lawsuit against Worcester Polytechnic Institute have agreed to try to resolve the legal dispute through mediation, and without the necessity of a trial. read

 

Mexico Reaches an Important Milestone in Mediation

In early 2015, the Mexican presidency assigned the Centro de Investigacion y Docencia Economicas, a public research and education institution, to lead the Dialogues for Everyday Justice. Its purpose is to study, engage the participation of different stakeholders and ultimately generate a diagnosis to improve access to justice and the resolution of common and everyday conflicts. read

 
8/02

A mediator's view of presidential choices

When people with a conflict come to a mediator they are often like voters who favor distinctly different candidates—say Hillary Clinton and Donald Trump. read

 

Negotiating in Mediation: Why Did We Stop Talking?

A successful mediation typically depends upon three key steps: engaging the client on why and when to mediate; actively engaging the adversary prior to the mediation; and advocating at the mediation session itself. read

 
July 2016
7/29

Federal judge assigns mediator in $86 million Uptown drainage lawsuit

A federal judge has assigned a mediator to help resolve the estimated $86 million dispute between Uptown residents and the New Orleans Sewerage & Water Board over ground-shaking drainage work on four thoroughfares. read

 

Former Ethics Panel Lawyer's Retaliation Suit Ordered to Mediation

A lawsuit filed by the former staff attorney for the Georgia ethics commission is headed to mediation. The state paid Elisabeth Murray-Obertein $477,000 in 2014 to settle a whistleblower suit she filed against the agency and its former director, Holly LaBerge. Later that year, Murray-Obertein filed a second suit against the agency, accusing LaBerge of maligning her in the media. read

 

Details, mediation coming on Sarasota Lift Station 87 project

Construction on the city's long-awaited Lift Station 87 project will restart next week. As construction finally begins again on the project, the fight over the problems that delayed construction in 2011 could be coming to a close. Mediation has been scheduled for Sept. 7 and 8 in the city's lawsuit against the project's original engineering and construction firms. read

 
7/27

Bottini challenge to New Hamburg traffic laws heads to mediator

For months, a group of New Hamburg residents fought against a sudden surge of heavy truck traffic rumbling through their hamlet hard by the Hudson River. Their efforts prompted the Poughkeepsie town board to pass laws restricting that traffic, which in turn sparked a lawsuit filed by Bottini Fuel, the local, family-owned company those laws affected. Now, the residents are concerned a process that has played out in public — either in town hall or federal court — is about to veer into secret negotiations. read

 

Falmouth board OKs mediation to resolve turbine lawsuits

The town will begin talks with neighbors of two municipal wind turbines in an attempt to find a solution to the nine lawsuits pending in various courts over the operation of the machines. read

 
7/22

Venezuela agrees to Vatican mediation help

The Venezuelan government has agreed to let the Vatican help mediate its long-running dispute with opposition leaders, the UNASUR regional group said on Thursday. read

 

Mediation Ordered in Sandra Bland Death Case

A federal judge has ordered mediation for a lawsuit filed by the mother of Sandra Bland, the black woman whose death in a Texas jail cell last summer incited months of protests. read

 

Springfield's Commonwealth Academy, Boston's Commonwealth School headed to mediation over name dispute

Boston's Commonwealth School and Springfield's Commonwealth Academy are again headed to the negotiation table over their name dispute, after the failure of initial talks led to a $2 million lawsuit and allegations of elitism and trademark violations. read

 

State Center developer, state head to mediation over long-delayed project

Mediation is expected to begin later this month between the developer of the long-stalled $1.5 billion State Center project and the state of Maryland with the hope of moving the project forward. read

 

Mediation of abuse claims fair, efficient

As a mediator for more three decades, I have helped resolve some of the nation’s most protracted, complex and emotional disputes. I certainly place my recent mediation of the Penn State University/Jerry Sandusky sexual abuse claims in that category. read

 
7/20

Capable Conversations in American Society: Time for a National Mediation Act

Please join Mediate.com in recognizing the importance of most capable conversations and mediation by completing this form supporting a National Mediation Act. read

 
7/12

Lagos Mediation centre resolves 11, 912 disputes in 6 months

The Lagos State Citizens Mediation Centre, CMC, says it has been able to resolve 11,912 disputed cases among residents of Lagos in the last six months. read

 

How Tough-Guy Mediators Can Turn "Them" into "Us"

A new study in Management Science suggests that in certain situations hostility from the mediator can prompt adversaries to come to an agreement. “When a mediator is hostile, those in conflict see the mediator as a common enemy,” read

 

The TV show Call the Mediator is revealing on love turned sour

Anybody who is considering divorce should first take a look at the new BBC2 series Mr v Mrs: Call the Mediator, which goes behind the doors of a string of national family mediation centres. read

 

2 sides agree to mediation in Yosemite naming rights case

The legal battle over the trademarking of several names inside Yosemite National Park may be settled soon. read

 

Mediation can lower the costs of divorce

Costs can be kept lower by utilizing mediation. In mediation, a neutral third party (on occasion two mediators) sits with the parties to the divorce and asks for their responses to a series of questions about assets and liabilities, the family home, parenting agreements for their children and other pertinent matters. This at-the-table work can be hard for people who are in a divorce, but the benefits are not only a lowered cost but also the fact that they design their agreement. read

 

There's a difference between arbitration, mediation

To start, I couldn’t agree more that mediation can be complicated and the quality, knowledge and professionalism of the mediator are usually the most important components to a successful mediation. read

 

Caesars Mediation Continues, With Warning From Judge

In the dispute over Caesars Entertainment Operating Co.’s $18 billion restructuring, one side is making a “big miscalculation,” according to the judge overseeing the chapter 11 case. read

 
7/06

Mediator for energy projects hearing more cases than ever

The number of reviews conducted by an obscure Department of Defense office in connection with private energy projects near military bases is skyrocketing, data shows. read

 

Alexa again shows Mediate.com Top Mediator Directory Site

A July 3 report from Alexa again shows Mediate.com to be the dominant mediator directory website.  NADN is now in a distant second place.  read

 

Mediation possible in Robertson County jail suicide lawsuit

A private mediation could be in the works for a $10 million lawsuit filed against Robertson County by the family of a robbery suspect who committed suicide in the county jail more than three years ago. read

 

Kyle Odom case going to mediation in Coeur d'Alene pastor shooting

Kyle Odom, the man who shot Coeur d'Alene pastor Tim Remington six times amidst delusional claims about Martian overlords ruling the Earth, will not stand trial for the shooting.  A Kootenai County judge had signed an order of mediation in his case. Under Idaho criminal law, any party or court can initiate a mediation “to resolve some or all of the issues presented in the case.”  read

 
June 2016
6/29

Couples on new BBC reality show about mediation are mocked on Twitter

Warring couples on new BBC reality show about mediation are mocked on social media as they feud over their finances. read

 

First Black Federal Mediator Can Pursue Bias Claim

The first person of color to be hired as a mediator at the National Mediation Board can pursue race and age discrimination claims against the agency, the U.S. District Court for the District of Columbia has ruled. read

 

'Why mediation is better than litigation'

Mediation is a good development and has effectively decongested the courts. It is faster, cheaper, provides a win-win situation and maintenance of relationship. It provides a relaxed atmosphere, an informal setting and flexibility. read

 

A new BBC program allows us to watch couples undertake mediation

Mr v Mrs: Call the Mediator is a rather astonishing series - and it's up to the viewer to provide judgement. read

 

Atheists lawsuit mediation scheduled July 6

Mediation between the parties in the case of American Atheists Inc. and Jane Doe vs. Sheriff Eric Watson and Bradley County has been scheduled for July 6 at 9:30 a.m., at the U.S. Courthouse in Chattanooga. read

 

Arbitration and Mediation: Trending Worldwide for All the Right Reasons

The rising trend of alternative dispute resolution was a focus of the New Jersey State Bar Association Annual Meeting and Convention in Atlantic City, NJ. read

 
6/27

Cofounder Conflict? Try Mediation Before Litigation

The possibility of a mild disagreement escalating into a serious dispute is particularly dangerous in the atmosphere of a startup, where there is often a high level of uncertainty and financial stress. Here's why mediation is often the best option for startup founders in conflict with each other. read

 

Mediation an option to resolve eldercare problems

With the assistance of a mediator, preferably a certified mediator with either eldercare or healthcare experience, people are able to create unique solutions to problems. These unique solutions are not solutions typically implemented by judges. With mediation, solutions can be achieved without waiting weeks, months or years, and mediator fees are usually less than attorney fees. read

 
6/21

Insured v. insurer mediation: Practical considerations

When considering mediating a case between an insurer and its insured, here are some practical considerations to keep in mind. read

 
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