Mediation Today
May 2016
5/17

Start-Ups Embrace Arbitration to Settle Workplace Disputes

For start-ups — many of which began in Silicon Valley — the clauses can seem to conflict with professed goals of upending business as usual and being open with employees. read

 

Civil Rights Mediator Training offered

Maui Mediation Services will host Civil Rights Mediator Training on May 19. The training will feature presentations by the Hawaii Civil Rights Commission, the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity and the Mediation Center of the Pacific. read

 

Irish mediator recognised for contribution to elder mediation

An Irish mediator has been recognised for her contribution to elder mediation at the Elder Mediation World Summit in Linz, Austria. Margaret Bouchier was presented with the The Sherren Award by the Elder Mediation International Network (EMIN), of which she is the ethics committee chair. read

 

Mediation Perspectives: Early Warning/Early Response: Top-Down or Bottom-Up?

Mediation Perspectives is a periodic blog entry provided by the CSS’ Mediation Support Team and occasional guest authors. Each entry is designed to highlight the utility of mediation approaches in dealing with violent political conflicts. read

 

Candidate touts mediation skills as 'a way' to solve problems

Based on his life experience, Moreno said, he would take the approach of a mediator to solve problems in county government. read

 

Mediation of corporate disputes

In an effort to expedite the settlement of intra-corporate disputes and other issues that affect ordinary corporations, the SEC recently drafted a Mediation Policy and has invited the public, in particular the business sector, to give their comments or suggestions to the program. read

 

Got a dispute - mediate, don't litigate

With court fees on the rise, in some extreme cases by more than 600 per cent, and the cut backs in the administration of justice, most notably with some local courts shutting down, legal cases are more expensive and take longer to resolve. read

 

Lil Kim now in mediation over foreclosure of Alpine mansion

Despite a spot on Sean Combs' just-announced Bad Boy Family Reunion tour this year, hip hop's Lil Kim is still mired in money woes, with a foreclosure looming on her Alpine mansion. read

 

MediYAYtion: Why Your Upcoming Divorce Mediation is a Good Thing! (And Instructions on How to Rock It!)

In the context of a divorce, mediation is a good thing. It offers folks a real opportunity to settle their divorce without the acrimony or expense of a trial. Plus, in many counties, it’s mandatory—meaning the parties are required to mediate before going to court. read

 

How to Prepare for Mediation

Each mediation renews my belief that people are willing to listen, learn and create resolution in the interest of peace, time, and fiscal responsibility. read

 
5/10

Minnesota Senate passes Farmer-Lender Mediation extension

“It’s really important this year with farm income in Minnesota being at a 20 year low. Several thousand farmers use it every year (and) there has been a spike this year. It will be an important tool for farmers to help them keep farming this year.” read

 

Proposed CFPB rule: A partial end to forced arbitration

Soon, says the CFPB, consumers will not find mandatory arbitration clauses in their contracts with financial companies. Thus, disputes will be handled fairly. read

 

Blumenthal lauds proposed curb of forced arbitration clauses

A proposal by a federal consumer agency to curb the use of forced arbitration clauses is being praised by U.S. Sen. Richard Blumenthal (D-Conn.). read

 

Soldiers, police and gang truce mediator arrested in El Salvador

Senior police officials, prison wardens and a mediator who brokered a treaty between two violent Salvadoran gangs are among a group of 18 people arrested for crimes committed as part of the truce arrangement. read

 

US drone strike in Syria killed mediator trying to rein in al-Qaeda

A US drone strike which officials said killed a core al-Qaeda leader actually killed a leading Egyptian Islamist who was trying to convince the group's affiliate in Syria to set aside its global ambitions and focus on fighting the Assad government. read

 

Marriage breakdown - Is Family Mediation right for me?

Family Mediation provides an extremely effective way for couples to resolve various issues. It is non-adversarial. Both of you are partners in the decision making. It allows matters to be resolved amicably. read

 

Recent appellate case raises mediation issues

The recent Indiana Court of Appeals decision Jonas v. State Farm Life Ins. Co., ____N.E. 3d ______, 2016 WL 1248589 (Ind. Ct. App. 2016) highlights several issues concerning mediation and settlement in both state and federal courts. read

 

VA Therapist's Whistleblower Complaint Resolved Through Mediation

An addiction therapist at a Phoenix VA hospital has settled with the Veterans Affairs Department to resolve a whistleblower retaliation case through mediation, the Office of Special Counsel announced on Friday. read

 
5/03

The New Arbitration Rules Are (Almost) Here

Recent reports indicate that the CFPB will announce a new rule governing arbitration clauses in consumer lending contracts at a field hearing on the subject scheduled in Albuquerque, New Mexico, later this week. read

 

Opening statements in mediation… poisonous or powerful?

There is considerable disagreement over the wisdom or value of having lawyers (or parties) deliver opening remarks during a mediation. Does that approach help achieve a good resolution? Or do those presentations tend to “poison the well” at the outset, making settlement less likely or at least more difficult? read

 

Narrating's a City's Community Mediation Journey

The Peterborough Dialogues, an initiative of Axiom News, has been narrating the unfolding story of a new initiative in its hometown, called Community Mediation Peterborough. read

 

Mediation Talks Yield New Parking Spaces for Zoo

Memphis Mayor Jim Strickland said the mediation talks between the Overton Park Conservancy [OPC] and the Memphis Zoo have yielded two plans that could create up to 325 new parking spots for the zoo. read

 

Mediation begins in equine influenza compensation case

The fight for compensation for losses suffered by horse businesses after the 2007 equine influenza outbreak begins today, with parties meeting for mediation. The horse flu outbreak resulted in the widespread quarantine of horses, which caused big financial losses for equine businesses such as horses breeders, racehorse owners and horse transporters. read

 

iHeart Offers Mediation To Angry Creditors Ahead Of May 16th Court Date

The Company announced that it has entered into mediation to try to explore possible alternatives to the terms of the Company’s existing senior secured indebtedness. read

 
April 2016
4/28

The Upside of Employment Arbitration

A recently completed five-day arbitration with twenty-one witnesses, reminded me of the upsides of employment arbitrations (especially when I compare my situation to that of my colleagues who are preparing for jury trials in similar cases). read

 

Deflategate: Limited Ability to Appeal Arbitration Awards

Nearly all collective bargaining agreements have an arbitration clause for deciding any disputes under the agreement. Beyond the labor arena, employers have increasingly mandated arbitration as the designated forum for resolving employment disputes. With the recent Deflategate decision, we are reminded of the limitations of appealing an arbitrator’s decision. read

 

ACT Brumbies boss Michael Jones and board enter formal mediation as drama continues

ACT Brumbies chairman Robert Kennedy, left, and chief executive Michael Jones will begin formal mediation on Friday. read

 

Knoxville non-profit leaders learn about community violence prevention, gang mediation

Stopping gang violence has been on the mind of many in Knoxville since the deaths of Zaevion Dobson in December and his 12-year-old cousin Jajuan Lathum just a couple weeks ago. They were two kids, innocent victims, caught in the middle of gang shootings. read

 

Ohio bill adds mediation option for public record disputes

Ohio Auditor Dave Yost and Attorney General Mike DeWine support a new bill that would encourage public records disputes to be solved through mediation instead of costly lawsuits. read

 

U.S. Army Europe employees receive art of mediation training

The Defense Equal Opportunity Management Institute provided an opportunity for two dozen U.S. Army Europe Soldiers and Civilians to participate in the Mediation Certification Course, April 11 -- 15. The Department of Army now uses mediation as its preferred technique! read

 

What Might a Mediator Do for the Parties to the Contraceptive Case in the Supreme Court?

Before embarking on a hypothetical mediation between religious employers and the government, let us first review the issue that divides the parties.Might "Transformative Mediation" help? read

 

After Growing Up In Conflict, This Acclaimed Mediator Prefers To Find Common Ground

Mohamed Keshavjee knows a thing or two about conflict. The internationally-acclaimed mediator grew up as an Indian Muslim in South Africa during apartheid, and his family was close with Mahatma Gandhi. Keshavjee talked about last year’s controversy over Islamic mediation in North Texas, the role his family played in fighting apartheid, and why mediation tends to be more successful than litigation. read

 

Neighbours in treehouse dispute could benefit from mediation, lawyer says

Disputes between neighbours can be ugly, says a lawyer who believes mediation could help to resolve a complaint about a $30,000 backyard treehouse in Toronto. read

 
4/25

Mediator Pollack's pragmatism gets Argentina and creditors to deal

Argentina's celebrated $16.5 billion return to international capital markets last week was the final mile of a tortured 14-year path from historic default through the U.S. court system. The resolution was crafted by mediator Daniel Pollack who convinced adversaries that more than a decade of squabbling was enough. read

 

Law firm’s new mediation center named for Charleston attorney

One of South Carolina’s largest law firms has opened a mediation center at its downtown Charleston office in recognition of a longtime local attorney. read

 

Advanced prep can aid in mediation with difficult personalities

Lawyers who deal with emotionally charged mediation and arbitration may often feel ill equipped to deal with the personality conflicts they face, but a panel discussion Monday examined tools to manage them better. read

 

Mediation Plays Increasing Role in Bankruptcy Cases

Mediation plays an increasing role in both consumer and business bankruptcy cases, and it is important that parties are prepared for mediation. read

 

City: Mediation likely in finding solution for remaining North Salt Lake landslide repairs

City leaders are looking to mediation with residents, utility companies and others this summer to find a permanent solution to the remaining repairs needed on the North Salt Lake landslide. read

 

Judge earns award for mediation efforts

The Ohio Mediation Association has selected Stark County Family Court Judge Michael Howard to receive the 2016 Better World Award read

 

Event to Highlight School Peer Mediation Programs

Western Justice Center (WJC) and Southern California Mediation Association (SCMA) are hosting an evening featuring school Peer Mediation programs. The event will be held at the Western Justice Center on Thursday April 28th.. read

 
4/19

Elder Care: Conversations of Care

Mediation may be the answer for elder care challenges. Mediation is a process where people in conflict privately, effectively and safely discuss their perspectives and proposed resolutions. Each family member’s perspective should be heard before crafting a plan. read

 

Judge requests mediator in Field of Dreams case

Both sides in the Field of Dreams lawsuit are close to resolution, but may still need a mediator to put an end to the legal dispute. read

 

Verizon open to mediation to avert strike of workers

Verizon Communications Inc., preparing for a possible strike of about 39,000 landline workers from Massachusetts to Virginia, said it would be open to federal mediation to reach a new contract. read

 

'Law & Order' Divorce Suit Blocked by Mediation Privilege

A long-running legal feud over the Law & Order fortune may have finally reached its finale. A state judge in Los Angeles last week tossed out a suit against the mediators who helped settle the divorce of Dick Wolf, the legal procedural's creator, and his ex-wife Christine. read

 

Mediation date set in hockey parents-referee brawl

The parents and referees involved in a post-high school ice hockey game brawl are headed for their first mediation session later this month. read

 
4/12

Judge sends Albany, school district sewer dispute to mediation

A judge has ordered a dispute between the village of Albany and Alexander Local Schools to go to mediation. The dispute involves the school district’s desire to hook a proposed wellness center into the village’s sanitary sewer system and the village’s position that it can’t happen unless the school property is annexed. read

 

Stepchild's spending divides parents, mediation may help

because you two can’t seem to dial down the “bitter battle” — there is an intermediary you should consider engaging: a mediator. read

 

Focus: Time to re-evaluate the Ontario Mandatory Mediation Program

It’s been a long time since there was an evaluation of the effectiveness of the Ontario Mandatory Mediation Program. Even though new areas of law fall under the program and the volume of court claims has increased, the number of mediations and mediators in the program has declined. read

 

Mediation continues over Duck River delay

Cullman Utilities Board officials met in executive session Friday to discuss mediation and arbitration with contractor ASI Constructors, in regards to the Duck River Dam project. Construction on the dam, spillway and intake structure are now 95 percent complete — and less than 60 days from total completion. read

 

Mediation role behind focus of Swiss-Russian talks

Swiss Foreign Minister Didier Burkhalter has emphasised Switzerland’s mediation role at talks with his Russian counterpart in Moscow focused on resolving conflicts in Syria, Ukraine and Georgia. read

 
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