Nebraska Supreme Court Refuses to Compel Arbitration in Nursing Home Case (11/09/09)
Victoria VanBuren
The present case comes as the U.S. Congress considers the Fairness in Nursing Home Arbitration Act of 2009. This Act would render pre-dispute arbitration clauses in nursing home contracts unenforceable.

Good Job Ari! (11/09/09)
Jeff Thompson
Honorable Mention was awarded to Ari Fontecchio of the Benjamin N. Cardozo School of Law for his essay entitled “Naming, Framing and Taming: Why Timing and Emotional Intelligence Really Matter in Crisis Intervention. Ari interviewed me months ago on how I, along with the entire NYPD Community Affairs Bureau, used various conflict resolution skills during the emotionallly charged Tibetan Protests in New York City during the Spring of 2008.

Mediation Is Subject of New TV Show (11/03/09)
Keith Seat

USA Network is developing a TV series called “Facing Kate” in which Sarah Shahi plays a lawyer who leaves her job to become a mediator. Reports note that the main character is divorced, suggesting an emphasis on family mediation.

Mediation’s Place Blog (October 29, 2009); THR.com (October 21, 2009)

Elder Mediation Matters: Probate, Guardianship and Family Care-giving (10/26/09)
Susan Curcio M.A.
Conflict associated with estate matters, adult guardianship and family care-giving can tear families apart. Present decisions regarding an aging family member can be influenced by past history. More families will be faced with difficult choices as the population ages in growing numbers. Elder Mediation offers the opportunity to avoid going through the court system which can be costly, time-consuming and divisive. A skilled Elder Mediator can help participants focus on the future and arrive at creative solutions.

‘Bad Dad’ Emerges As Better Dad’ (10/19/09)
Arnold W. Zeman
The text below is taken from vol. 1 issue 2 of”Conflict Chronicles” of October 15th, an email newsletter published by the Conflict Resolution Center of the University of North Dakota:

Divorce Mediation: Is Separate Always Better? (10/12/09)
Kregg Nance, Benjamin Papa
It is our experience that the vast majority of divorce mediators in Middle Tennessee conduct all divorce mediations with the parties in separate rooms from beginning to end. This seems to be true regardless of whether the parties have children together, their ability to communicate effectively, or the general level of conflict they are experiencing. This article challenges the premise that “separate is always better” and asks whether automatically separating the parties in divorce mediation serves the parties well, especially long-term.

New Approaches To Divorce Settlements In Times Of Recession (10/12/09)
Richard Sharp
Survey results published by The Institute for Divorce Financial Analysts in June 2009, indicate that the way in which divorce proceedings are being handled are changing, due in part to the current economic climate.

Divorce And The House (10/12/09)
Debra Synovec
Divorce is usually difficult. Emotions run high and at the same time divorcing couples have the added problem of figuring out the property distribution. This is particularly challenging when the market is down.

Book Review Of Collaborative Divorce Handbook: Helping Families Without Going To Court (9/25/09)

Forrest S. “Woody” Mosten has been a visionary trailblazer for over 30 years. The first time I heard Woody speak was in Denver in the late 1990’s. The topic was Unbundling Legal Services. I remember thinking, boy is he courageous! I contemplated the resistance he would surely face from the rest of legal community. When you get to know Woody, you quickly discover that he is a champion of the ones who have no voice, the client drowning in conflict; a change agent on a very large scale.

Truth Is Stranger Than Fiction (9/14/09)
Phyllis Pollack
Late last year, I mediated a “family” dispute involving facts that were stranger than fiction. It seems that Jane Jones (fictional name) had a relationship with Joseph Smith (again, a fictional name). They had two children together, although they never married. They, then, went their separate ways.

The Big Picture (8/31/09)
Phyllis Pollack
In late May 2009, I flew back to my childhood home to help my siblings move our mother into an assisted living facility. As she had been living in the family home for close to sixty years, it was the move from *!!##*##!!*, to say the least.

Don't Get Lassoed! (8/24/09)
Debra Synovec
You are the best alternative to a litigated solution. Traditional litigation can make you feel like you have been hung out to dry.

Run Toward Fear (8/17/09)
Debra Synovec
People in the midst of divorce are often extremely overcome with fear caused by the overwhelming change in their life. Pressure from fear of the unknown, triggered by questions such as: “How will the divorce affect the children?” “How will I survive financially?” “What will people think?” “Where will I live?”, coupled by anger and raw emotions, drives people to run away, looking for a place to “solve” the questions and expunge the fear. In their flight, divorcing clients regularly run to attorneys, hoping to be saved by the courts, only to find out that the situation then spirals even more out of their control, magnifying the fears, stress and trauma.

What is Marital Mediation or Mediation To Stay Married? (8/13/09)
Angela Ioana Green
Mediation to Stay Married (also known as Marital Mediation) is a mediation process for couples who are experiencing marital problems or difficulties and who would prefer to stay together, work through their issues in a constructive way, who are willing to learn to resolve conflict and who wish to avoid divorce.

Marriage License Fees Increasing to Fund More Family Court Mediation (8/11/09)
Keith Seat

The Solano County (CA) Board of Supervisors is holding a public hearing before deciding whether to increase the cost of marriage licenses slightly to provide more funding for family court mediation services. The court plans to establish a permanent mediation center with the funds. Six other California counties already charge the additional fees, while another six counties are seeking to add the fees.

The Reporter (July 19,2009)

Elderly At Increased Risk of Death From All Causes Because of Abuse and/Or Self Neglect (8/10/09)
Steve Mehta
For those of you that are involved in elder issues, like myself, I thought this information might be interesting. Elderly who are subjected to abuse or self-neglect are at an increased risk of premature death, according to a recent study.

Elder Mediation (7/27/09)
Georgia Daniels
This article introduces Elder Mediation to potential consumers and referral sources. It uses an example of a typical conflict to show how the outcome could be different with mediation, and walks the reader through the usual stages of an elder mediation, using a facilitative model.

Who Decides Your Divorce...Umpire Or You? (7/27/09)
Debra Synovec
Clients often ask “Is mediation right for our divorce situation?” A better question might be “Is litigation right for our divorce situation?”

Mediating Civil Harassment Petitions With A Few More Thoughts On Gatesgate (7/27/09)
Victoria Pynchon
Some people are so dangerous and some situations so volatile that restraining orders are of little use. Consider this tragic tale of the courthouse shooting of a woman who had "secured restraining orders that prohibited [her former husband] from possessing or carrying any firearms, that ordered him to turn over his firearms to his lawyer, and that prohibited [him] from being 'within 100 yeards of any firearm' while in the presence of [his ex-wife] Eileen and [the couple's] children."

Elder Mediation Service Launched to Address Dementia Issues (7/21/09)
Keith Seat

The Alzheimer Society of Ireland launched a pilot elder mediation program to assist families coping with dementia. Family members are often involved and affected by a relative with dementia and the new model of elder mediation services may help address the resulting stress and family conflict.

Irish Medical Times (June 22, 2009)

Federal Prosecutors to Mediate with Divorcing Couple (7/21/09)
Keith Seat

With a restitution order of over $3 billion pending against Walter Forbes, the former chairman of Cendant Corp., the U.S. attorney is seeking to intervene in the Forbes’ divorce case, asserting an improper effort to transfer assets to his wife, Caren. Caren Forbes filed for divorce in March, after her husband was sentenced to 151 months in federal prison, asserting that the marriage is irretrievably broken and seeking an equitable division of property. Two days of mediation are scheduled to try to resolve the issues, with all divorce proceedings postponed until the mediation is concluded.

Connecticut Post (June 20, 2009)

Co-Parenting After A Divorce—Tips From A Mediator (7/13/09)
Brian James
Co-parenting starts the day the decision is made to divorce has been made. Even the most amicable divorces need a plan for future co-parenting. Putting your children's best interests first, no matter how much you may dislike their other parent, is the key to co-parenting.

Governor Sanford – Give Marital Mediation a Try! (7/07/09)
Laurie Israel
Like many mediators, I am pained to read accounts of celebrity brethren who struggle with their marriages. The media is insistent. The lights are glaring. Celebrities experience their marital problems under a microscope of public view. Yet, the problems they face are the same as many clients. The big issues are infidelity, money, perceptions of lack of contribution, boredom, lack of respect, spending no time together, and issues raised by children and in-law families. Divorce is not the inevitable end. Governor Sanford, I encourage you and your wife to give Marital Mediation a try!

Success Leaves Clues: A Profile Of Elder Decisions (6/22/09)
Tammy Lenski
“There is a great deal of opportunity to create a niche in your community once you have the training and if you are willing to put in the time to market your practice and develop the network of referrals you will need in order to grow,” say Arline Kardasis and Rikk Larsen of Elder Decisions, which scored a major marketing success with National Public Radio in April.

How To Resolve Parenting Disputes (6/22/09)
Arnold W. Zeman
We recently featured a video clip of an interview with Justice Harvey Brownstone of the North Toronto Family Court in which he brought to life the principle of acting in the best interests of the child. Here now are his 10 tips for success in resolving parenting disputes from his book, Tug of War: A Judge’s Verdict on Separation, Custody Battles and the Bitter Realities of Family Court: