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The Mediate.com Weekly

May 22, 2013 #480 - Membership information

In This Issue:

ODR Theory and Practice: Table of Contents, Forward, Introduction & Chapter 1: Past, Present & Future • Business As Usual? Mediation and the Justice System • Congregational Conflict: Why Don't We Seek Help • Mediation Case Law Video: Wrongful Death • ODR in North America • ODR in Europe • This Week's Mediation News • Job Center • Blog Postings • Events Calendar

Announcing Three New Online Dispute Resolution (ODR) Websites
James Melamed
Resourceful Internet Solutions, Inc. (RIS) and our flagship websites Mediate.com and Arbitrate.com are proud to announce the launch of three new online dispute resolution websites at:

The world of online dispute resolution is growing rapidly and at an accelerating pace based both upon purely online initiatives and because all mediators and arbitrators are now "online mediators and arbitrators." We all now use the Internet extensively in nearly every case. We hope and trust that you will gain great value from RIS’ new ODR websites

ODR Theory and Practice: Table of Contents, Forward, Introduction & Chapter 1: Past, Present & Future
Ethan Katsh, Daniel Rainey, Mohamed S. Abdel Wahab, Richard Susskind
As a service to the ADR and ODR fields, Mediate.com is honored to make the book "Online Dispute Resolution: Theory and Practice" by Mohamed S. Abdel Wahab, Ethan Katsh and Daniel Rainey ( Eds.) available. We here begin with the Forward, Introduction and First Chapter of "Online Dispute Resolution: Theory and Practice."

Business As Usual? Mediation and the Justice System
Charlie Irvine
This article considers the under-use of mediation in the UK's second largest jurisdiction, Scotland. The article has three sections: a "myth buster" and two questions. The first examines three popular myths about mediation; the second addresses the question, "How does mediation add value to the justice system"; and the third presents the business case for lawyers, "Why does mediation make good business sense?"

Congregational Conflict: Why Don't We Seek Help
Lester L. Adams
This article addresses two congregational issues: why we do not seek help to settle our disagreements, and the misguided reasons we use to justify it.

Mediation Case Law Video: Wrongful Death
James Coben
In Estate of Barber v. Guilford County Sheriff's Department,, the appellate court ruled that a plaintiff's obligation not to defame a wrongful death action defendant is not unenforceable as a prior restraint on speech, where record showed the mediated agreement was based on a knowing, voluntarily and intelligent waiver of constitutionally protected rights.

ODR 2013 in Montreal June 16-18
Registration is now open for the 12th International ODR Forum in Montreal. The Forum is an opportunity to discuss ODR entrepreneurial efforts, new European Union regulations that mandate ODR, the ongoing UNCITRAL efforts to craft rules, new research and more. Consider the following prediction from Richard Susskind in “Tomorrow’s Lawyers: An Introduction to Your Future,” Susskind writes:

“I predict that ODR will prove to be a disruptive technology that fundamentally challenges the work of traditional litigators (and of judges). In the long run, I expect it to become the dominant way to resolve all but the most complex and high-value disputes.”

Manage Your ADR Program in “The Cloud”
Caseload Manager is the world’s leading cloud-based case management system specifically built for ADR programs. Caseload Manager is fully customizable and affordable. Schedule a personal tour at: www.CaseloadManager.com.

ODR in North America
Arthur Pearlstein, Noam Ebner, Bryan Hanson
In the chapter, the authors map out the state of ODR private market services and look at our federal government and its potential roles as a major provider and user of ODR services. The US and Canada have not only spearheaded the offering of ODR services. North American institutions were also the first to set up research institutes in this area of dispute resolution, as well as to incorporate ODR into academic curricula.

ODR in Europe
Graham Ross, Marta Poblet
This paper offers an overview of the present situation of ODR in Europe and discusses effective development of ODR deployments to handle online, offline, national and cross-border disputes in Europe. To do so, we proceed by first defining the scope of ODR and reviewing existing services. We then continue by analyzing the major challenges faced by ODR in Europe and finally conclude by suggesting some future scenarios.

Affordable Custom Web Site Development – Comprehensive Service
Is your website in need of a face-lift? Your site is your “storefront” and is critical to you getting business. Let Mediate.com help you to do all of the right things with a custom web site design, personal training and ongoing tech support. See our sample sites and customer survey results. Our services are all-inclusive and described at www.mediate.com/Web. Call (541) 345-1629 or email webshop@mediate.com to get started.

Champlain College’s Online Masters in Mediation & Applied Conflict Studies
Champlain College’s online Master’s degree blends online learning and a low-residency requirement, with practical application in the student's home community, to offer one of the best mediation programs in the country today. While many programs excel in theory, Champlain’s Mediation & Applied Conflict Studies program allows you to develop and practice the skills necessary to guide the conflict-resolution processes through face-to-face learning and field work in addition to online coursework. Our program’s strong theoretical foundation, coupled with intensive hands-on experience, gives you a solid grounding in the best practices in this important field. For full information, see: go.champlain.eud/msm.

This Week’s Mediation News (read at: www.mediate.com/Today)

NAFCM Receives Funding for a National Training Resource Center
The National Association for Community Mediation (NAFCM) successfully applied for and will receive $50,000 from the JAMS Foundation (JAMS). The grant is for the development of the Training Resource Center for community mediation nationally. The Training Resource Center (TRC) will be the largest compilation of community mediation resources in the country. read
NADN Announces Partnerships With DRI - The Voice of The Defense Bar and the American Association for Justice
The National Academy of Distinguished Neutrals, the premier association for experienced civil ADR practitioners is delighted to announce partnerships with DRI, the largest professional organization for members of the defense bar, and the AAJ (formerly the American Trial Lawyers Association), the world’s largest association of trial lawyers. read
Judges assigned, mediation dates set in MSU mass litigation
Several lawsuits have been filed in state court against Mountain State University regarding its accreditation. A December order referred pending or subsequently filed state court cases to the mass litigation panel. According to this order, all of these cases involve "harm caused to plaintiff as a result of Mountain State University's loss of its general accreditation, special accreditations in its nursing and nurse anesthetist programs and any other educational programs that require independent accreditation." read
Mediation Continues in Suit to Block LG Project
Mediation between lawyers for a group preservationists and LG Electronics is ongoing after the effort to find common ground in a lawsuit to block the company's proposed Englewood Cliffs headquarters began early this month, representatives for both sides said Monday. At issue is LG's plan to build a 143-foot high office complex visible above the Palisades in Englewood Cliffs. The preservations say the building will tarnish the scenic cliffs. LG, however, contends the project will bring much-needed jobs to the area and features an environmentally friendly design. read
GiveForward partners with Medical Bill Mediation to help families reduce high medical bills
GiveForward, a crowd-funding leader helping families and friends raise money for a loved one's medical bills, is pleased to announce a new partnership with Medical Bill Mediation of the Karis Group, Inc., a service which helps patients consolidate and reduce their healthcare bills. This alliance stems from both organizations' shared mission of empowering patients to face the rising cost of healthcare in America. read
Honolulu's Giuseppe Leone launching Mobile Mediation
Honolulu mediator Giuseppe Leone, who recently ran the successful Virtual Mediation Lab, is at it again with the launch of another project called Mobile Mediation. According to Leone, “We have experience in running online mediation via Skype, but then I realized that the next frontier of online mediation is going to be mobile.” read

Read All Mediation News

Featured Blog Posts – (read all Blogs at www.mediate.com/Blogs)

Control Anger During Conflict like a Fly on the Wall
by Tammy Lenski
Is Compromise Possible?
by Colin Rule
The Subtlety of Actual Mediations
by Phyllis Pollack
You Catch More Flies with Honey Than Vinegar
by Cinnie Noble
So Who is Your Primary Care Legal Counsel?
by Michael Zeytoonian
ODR: Using Online Dispute Resolution and Recommendations for Further Use
by Dennis Huizing

Read All Blogs

Jobs(for Premium Members) - Post Jobs: Here

Assistant Community Mediation Program Director – TN
Mediation Intake Specialist – TX
Manager of Community Mediation Services – CA
Assistant Vice-President of Mediation Outreach – TX
Mediation Specialist – UT
Mediation Specialist – TX
Mediator – PA or DC
Attorney-Mediator - CA
Negotiations Paralegal – NY
Middle East Academic & Human Rights Consultant – OR
Mediation Program Statewide Director – NY
Mediation Analyst – TX
Director of Foreclosure Mediation – IL
Director of Human Rights – NY
Director of Youth and Mediation Agency – CA
Executive Director – many locations

Read All Jobs

Training & Conference Calendar

May 29-June 4 – Salt Lake City, UT – 40-hr Basic Mediation Training
May 29-June 2 – Los Angeles, CA – AFCC 50th Anniversary Conference
June 3 - San Marcos, TX – The Intersection of Mediation, Low Income Parties and the Social Welfare System
June 3-7 – Macon, GA – Domestic (Divorce) $ Family Mediation Training
June 5-20 – Ellicott City, MD – Basic Mediation Training
June 6-8 – Los Angeles, CA – Streamlined Collaborative Protocols
June 7-10 – Northampton, MA – Conflict Management Coaching Training
June 7 – San Francisco, CA 3rd Annual San Francisco Peacemaker Awards
June 7-14 – Los Angeles – Advanced Mediation Skills Practicum
June 10-11 – Rome, IT – 2nd International Congress on Transformative Mediation
June 10-13 – Dallas, TX – Basic Mediation Training (40 hours)
June 11-29 – Santa Ana, CA – Community Service Programs Inc.’s 40-hour basic mediation training
June 11-12 – Uncasville, CT – Alternative Dispute Resolution ExecuSummit
June 13 – Savannah, GA – Find Your Mediator Passion; Craft Your Niche and Get Rich
June 14-18 - New York, NY – Advanced Commercial Mediation Training
June 16-18 – Montreal, CAN – ODR 2013 Montreal
June 17-28 – Winnipeg CAN – Canadian School of Peacebuilding
June 20-22 – Malibu, CA – Elder Mediation Training
June 20-22 – Malibu – Pepperdine’s Straus Institute Summer Professional Skills Program
June 20-21 – Calgary CAN – Judicial Mediation Conference
June 21 – San Rafael CA – Listening to Children’s Voices in Separation and Divorce
June 22-30 – Berkeley, CA – Ron’s Mediation Training in Berkeley
June 25-27 – Denver CO – Advanced Mediator Certification Preparation

Visit Training & Conference Calendar

Editors: Jim Melamed and Clare Fowler. We welcome comments and feedback. Send your comments to editor@mediate.com.

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