The Internal Revenue Service has expanded and refined its mediation program in the Appeals administrative process, which was first introduced over a decade ago. Participation in mediation is voluntary for both the taxpayer and the agency. Among other procedures set forth, the mediator will be an IRS employee trained in mediation and compensated by the agency, while the taxpayer can pay for a non-IRS mediator to join as a co-mediator and can participate in the co-mediator’s selection with the agency. If mediation does not resolve all issues, the parties may request arbitration in appropriate circumstances.

Journal of Accountancy (September 11, 2009).


Australia Legislates More Mediation Muscle in Native Title Disputes

In an effort to reduce the backlog of 500 native title claims, the Australian parliament has amended the Native Title Act to strengthen mediation and give the Federal Court power over the mediation process and the ability to deal with recalcitrant parties. One senator raised concerns about mediators being given coercive powers by the amendment, especially since the legislation does not define who can be a mediator or require any particular qualifications or accountability, while other senators felt the amendments did not go far enough.

SMH.com.au (September 14, 2009)


Minnesota Court Enforces Settlement Agreement Which Stated It Was Binding, Despite Lack of Key Terms

A settlement agreement reached after thirteen hours of mediation was found enforceable by a Minnesota appellate court because the document expressly stated it was binding, despite the omission of precise descriptions of the land involved. The agreement recognized that additional details needed to be finalized and provided that if disputes arose over the final documentation the parties would have the mediator act as an arbitrator and decide the disputes. When issues arose, one party challenged the authority of the mediator turned arbitrator, but the court upheld both the settlement agreement and its arbitration provision.

Ed Cave & Sons, Inc. vs. City of Two Harbors, 2009 WL 2998001 (Minn. App. September 17, 2009) (Subscription Required)


Wisconsin Court Sanctions Insurer for Failing to Send Representative to Mediation

A Wisconsin appellate court upheld sanctions against an insurance company for failing to have a company representative appear in person at a mediation as required by court order. Although a lawyer for the company was present and a decision-maker was available by telephone, as is common in many mediations, the court ruled that was not sufficient where the company failed to obtain prior court approval or agreement from the other side and the mediator. Even though the other party did not object to the absence of the insurance representative at the time of the mediation, the majority of the court held that did not bar the claim for sanctions.

Lee v. Geico, 2009 WL 3085095 (Wis. App. September 29, 2009) (Subscription Required)


Long-Running Dispute over California Courthouse Construction Resolved in Mediation

A five-year, $50 million construction project for a courthouse in Santa Clara County resulted in assertions of faulty construction by the county and counter-assertions of faulty design and $17 million in change orders by the contractor. After a two day mediation, the parties agreed to resolve all claims against each other and from subcontractors for payments by the county of $8.1 million. Although the county Supervisor had predicted that the county would come away with money for the faulty work, he stated after the mediation that the settlement was worthwhile to avoid the burden and expense of litigation and that it was time to let the dispute go.

Gilroy Dispatch (September 14, 2009)


Appellate Mediation Program Begins in New Hampshire

New Hampshire is adding a mediation program for civil appellate cases pending before the state Supreme Court. The appellate program will be administered by the state’s Office of Mediation and Arbitration and rely on retired judges as mediators. The program expands mediation to all levels of court, from small claims and family, to civil cases in superior and probate courts.

WCax.com (Sept. 10, 2009); Appellate Mediation Program


Philadelphia Court Institutes Mandatory Mediation Program for Landlord-Tenant Appeals

A committee of lawyers convened by the Court of Common Pleas in Philadelphia to find ways to improve the court’s landlord-tenant program recommended a mandatory mediation program, which the court is now implementing. Mediation is particularly intended to assist the 40% of pro se landlords and nearly 100% of pro se tenants who are involved in appeals, which require compliance with procedural rules that are difficult for non-lawyers. The program is now recruiting and training volunteer “settlement masters” to act as mediators, who will have access to court papers through the court’s e-filing system and can call a helpline of experienced landlord-tenant attorneys with questions.

Legal Intelligencer (Sept. 30, 2009)


California Senate Uses Mediation to Avoid Legislative Action

The president pro tempore of the California Senate pulled legislation and sent it to outside mediation in order to prevent the Senate from overriding environmental laws to make it easier for Los Angeles to attract a professional football team with a new stadium. The president pro tempore has used mediation in this way before on transportation projects; he views negotiation as the preferred way of working out roadblocks, rather than precedent setting legislation that would ease environmental and land-use regulations for the stadium.

San Diego Union-Tribune (Sept. 12, 2009)


Mediation Is Subject of New TV Show

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)


Mediation Ordered in Case of Christian Teen Who Ran Away from Muslim Family

Significant attention has focused on the case of an Ohio teenager who claims her Muslim father threatened to kill her for converting to Christianity. The girl ran away to a church in Florida in July. A Florida judge ordered that the girl and her parents should participate in mediation, and ruled that the girl would remain in foster care until the matter is resolved.

CNN.com (September 4, 2009)


Maryland Community Mediation Expanding to Prisoners and Students



Fortieth Texas County Begins Mediation Program



Milwaukee Using Mediation to Resolve Police Complaints



New Zealand Mediation at Pivotal Point



Kentucky Mediating Criminal Cases



Farm Mediation Spikes in Minnesota



Mediation of Staff Concerns with College President to Be Webcast



New Zealand Court Mediation Turning to Private Mediators


Update on Home Foreclosure Mediation Efforts
Nearly a dozen states have now adopted mortgage foreclosure mediation programs to try to keep people in their own homes. Here is an update.


WIPO Opening Arbitration and Mediation Center in Singapore



U.K. Court Imposes Mediation Costs when Party Refuses to Participate



West Virginia Grievance Board Adds Mediation to Streamline Process



Mediators Support President’s Beer Summit



U.K. Court Requires Mediator to Testify Despite Privileges



Parliamentary Inquiry Proposes Mediation to Resolve Disputes Between Police and Protesters



Mediated Settlements of Sex Abuse Cases Involve Large Payments and Disclosure of Files



California Attorney General Offers to Mediate Environmental Dispute



Marriage License Fees Increasing to Fund More Family Court Mediation



Rutgers Law School Adds Mediation Center



Baseline Mediation Agreement Reached over Development of Big Tupper Ski Area



Parties in Dispute Have Difficulty Agreeing to Voluntary Mediation



Washington County Requires Mediation in Land-Use Disputes



Elder Mediation Service Launched to Address Dementia Issues



Legislation Introduced to Extend Federal Agricultural Mediation Program



Court Holds that Litigation Damages Cannot be Based on Amount Agreed Upon in Mediation



Ohio Supreme Court Sends Judges’ Lawsuit to Mediation



Federal Prosecutors to Mediate with Divorcing Couple



Pennsylvania County Mediation Program Criticized for Resolving Property Reassessment Challenges



Early Mediation Becoming More Common in Midwest



IMI Certification Process Progressing



New Venture Features Lawyer-Accountant Co-Mediation



Australian Court Awards Mediation Expenses as Costs of Proceedings



Georgia Regulations Require Mediation or Facilitation of Conflicts over Smart Growth Plans



Court Refuses to Allow Plaintiff to Cure Failure to Mediate



Early Resolution of Multi-Party Mining Disaster Achieved in Mediation



Directed Body Movements Can Assist Problem Solving



Wisconsin Smart Growth Requirements Provide Mediation Opportunities



Court Requires Mediation in Auto-Parts Maker’s Bankruptcy



Pennsylvania County’s Use of Mediation in Property Reassessment Limits Litigation



Hazardous Mediation Duty



Courts Must Enforce Settlement Agreements as Written



Foundation Frequently Uses Mediation to Assist Seriously Ill Patients



Joint Resolution Encourages Governor and Union to Mediate



Climate Change Disputes May Benefit from Mediation



Michigan Businesses Slowly Shifting Towards Mediation



Australian Courts Turning to Mediation


Update on Home Foreclosure Mediation Efforts
Keith Seat offers a comprehensive update on home foreclosure mediation developments in the United States.


Maine Considering Uniform Mediation Act



Agricultural Commission May Become Mediation Board



Courts Seriously Consider Sanctions for Failing to Appear in Person at Mediation



Mediator Facilitates Six-Month Discussion on Health Care Policy



Local Catholics Ask Vatican for Mediation over Parish Closings



Governor Uses Mediation Confidentiality to Shield Deal with Power Plant



Mediation Helps Prepare Inmates for Release



Federal Mediation Privilege Supported by Court Dicta



Texas Legislation Proposes Pretrial Victim-Offender Mediation Programs



Recession Shifting Disputes to Mediation



Value of Mediation Seen in Tough Economic Times



Remaining 9/11 Cases Mostly Settled in Mediation



Parties Seek to Disqualify Federal Judge Due to Role as Mediator



Mediation of Complex Sex Abuse Case Against Hospital Begins Second Year



OECD May Mediate Dispute over Refinery and Pipelines



New Zealand Considering Ongoing Mediation Role for Online Piracy Disputes



Mediation Progressing Well in Ghana



States Using Mediation for Consumer Restitution



International Mediation Developments



Missouri Introduces Legislation to Set Standards for Mediation



No Reported Effort to Use Mediation Confidentiality to Shield Mediator Improprieties



Anglican Bishops Agree on Mediation in Attempt to Avoid Church Schism



Singapore Police Gain Power to Push Mediation



Resort Development Disputes Expand to Squabbles over Mediation


Update on Home Foreclosure Mediation
Updates on home foreclosure mediation and other critical mediation practice news are chronicled by Keith Seat in Mediation News (available to Mediate.com Premium Members).    2 Comments


Economy May Impact Mediation



Minnesota Judge Orders Sunshine Act Exception for Mediation by City Council and County Commissioners



Hawaii Considering Uniform Mediation Act



Insurer Reinstitutes Mediation Program for Resolving Hurricane Claims



Texas Regulation Offers Mediation Option in Taxable Value Protests



Foreclosure Mediation Update



States Using Mediation to Provide Consumer Restitution



Mediation Again on Best Career List



Baltimore Safe Streets Program Using Mediation to Reduce Murders



Peer Mediation Useful to Reduce School Bullying and Even Liability



Cities Resolve Litigation Plus More in Mediation



Texas Considering New Mediation Program for Hurricane Claims



Nebraska Mediation Program Expands Information Provided



Enforcement of Mediation Clause Doesn’t Bar Future Litigation



Watershed Mediation Still Succeeding After Ten Years



Update on State Programs for Mediation of Home Foreclosure Disputes



EEOC Reports Jump in Filings, Slight Increase in Mediation



Mediation Successful in Providing Consumer Restitution



Pennsylvania County Using Newly-Established Mediation Program for Property Reassessment Challenges



Unambiguous Confidentiality Agreement Merits Summary Judgment on Oral Settlement Claim



'Street' Mediation Works to Curb Homicides



Class-Action Discrimination Claims Against Dating Service Sent to Mediation



IRS Expands Mediation Options with Post-Appeals Pilot Program



Delaware Joins EEOC’s Universal Agreement to Mediate



China Continues to Ramp Up Mediation



International Trade Commission Begins Pilot Mediation Program



Mediation Confidentiality No Excuse for Court Not to Analyze Reasonableness of Class Action Settlement



Court Considers Parties’ Mediation Positions in Determining No Harm from Missing Insurer



West Virginia Bar Dismisses Judge’s Unauthorized Practice of Law Complaints Against Mediator, Advocate



New Mexico First State to Join EEOC’s Universal Agreement to Mediate



New York Continues to Seek Land Use Mediation Statute



Alabama Courts Must Order Mediation When Sought by Litigant



Lack of One Signature Prevents Admissibility of Multi-Party Settlement Agreement to Determine if Portions Are Severable



Public’s Need to Know Wrongful Death Outcomes Trumps Mediation Confidentiality in Virginia



Hong Kong Encourages Mediation of Lehman-Related Disputes



Singapore Monetary Authority Prefers Mediation for Investors



Wisconsin Amends Unauthorized Practice of Law Rule to Expressly Permit Mediation Advocacy in Wisconsin of Cases Pending Elsewhere, Without Bar Membership


States Increase Use of Mediation of Home Foreclosures
A number of states have recently moved forward to utilize mediation as a part of mortgage foreclosures and re-negotiations.


Con Artist Acting as Mediator Jailed



JAMS Gearing Up for Credit Crisis Disputes



Mediation Process Proposed for Grain Shipping



Mandatory Med Mal Mediation Working in Illinois County



Year-Long Mediation Effort Develops Better Bridge



Technical Mediation Urged for Expert Disputes



Arizona Initiative Would Eliminate Mediation in Homeowner Disputes with Builders



California Bill for HOA Mediation Vetoed



L.A. Bar Association Opposes Pay for Pro Bono Mediators



Analysis Finds Parties Generally Err in Rejecting Settlement to go to Trial



Florida Appellate Court Reverses Severe Sanctions for Breach of Mediation Confidentiality



Judge Faces Discipline for Appointing as Mediator a Lawyer Who Provided Discounted Divorce Representation



Use of Focus Groups and Tribute Video Helps Mediation Succeed



Mississippi’s Katrina Mediation Program Shows 80% Settlement Rate



Association for Conflict Resolution President and Board Begin New Terms



Fourth International Law School Mediation Competition



Widespread Adoption of Mediation Programs Reducing Litigation Costs



Updated Construction Form Agreements Rely on Mediation



Connecticut Offers Mediation of Eminent Domain Disputes



Detailed Mediation Agreement Flips City Council on Commercial Development



Francis Challenging Settlement from “Girls Gone Wild” Mediation; Sanctions Against Francis Sought for Not Meaningfully Participating in Separate Mediation



Mediation Resolving Psychological Harassment Complaints in Quebec



Citizens Group and City Defuse Racial Tensions Through Mediation



Monty Python Star Regrets Lack of Mediation in Third Divorce



Mediation Helps Heirs Minimize Conflict over Estates



Cricket Council Considering Use of Mediation Between Players



Analysis Finds Parties Generally Err in Rejecting Settlement for Trial



Personal Injury Settlement in Mediation Sets County Record



Settlements in Katrina Mediations Withstand Attack



Law Firm Name Not Allowed to Include “Mediation” in Rhode Island



New York Court Establishes Modest Statewide Mediator Training Requirements



Maryland Encourages Agricultural Mediation



Federal Court Dismisses Lawsuit for Lack of Mediation



Mediation Model Urged for Long-Term Care Facilities



California Supreme Court Reverses Ghaderi: No Estoppel or Implied Waiver of Mediation Confidentiality



Subpoena of Mediator Upheld on Appeal in New York



Connecticut Enacts Foreclosure Mediation Program in Mortgage Relief Bill



Virginia County’s Mediation Swap Receives Achievement Award



Final Rules of Civilian Board of Contract Appeals Cover ADR



Michigan Law Establishes Mediation of Property Tax Disputes



Iowa Reactivates Flood Claim Mediation Program



Compensation Under Consideration for Philadelphia Judges Pro Tem



California Court Penalizes Lack of Mediation Attempt with Absent Party



Alaska State Senator Proposes Mediation over Pipeline



Kentucky Mediating Serious Criminal Cases



Disclosure and Apology for Medical Errors Reduce Claims



Speedy Mediation Service Launched



Mediators Undercharging for Services



California Court Tells Insurers with Potential Coverage to Attend Mediation in Person



Caseload of Oklahoma Supreme Court Reduced by Mediation



Mediation Gaining in Employment Disputes as Arbitration Declines



Litigation Funding of Smaller Parties Provides Mediation Counterweight



Debt Collector Grows Using Mediation



Mediation During Trial Yields $7.5 Million Settlement for Injuries from Stepping into Hole



Victoria, Australia Expanding Court-Connected Mediation



Missouri Bar Begins Mediation Program for Attorneys in Office Conflicts



Corporations Encourage Mediator Diversity



European Parliament Approves Mediation Directive for Cross-Border Civil Disputes



Idaho Enacts Uniform Mediation Act



Minnesota Adds Mediation to Fight Against Home Foreclosures



California Legislation Would Require Mediation of Public Works Disputes



Eleventh Circuit Holds Federal Arbitration Act Cannot Compel Mediation


Mediation Resolves Pet Food Multi-District Litigation in Principle
A comprehensive, cross-border settlement in principle addressing all major terms has been reached through mediation in the Pet Food Multi-District Litigation. While approval of a definitive settlement agreement is required, along with approval of both the U.S. federal court and Canadian courts, the parties reported to the New Jersey court that they are confident of final resolution. Once finalized, the administrator of a settlement fund will provide details to pet owners on how to submit...


Movie and TV Stars Pursue Mediation



Idaho Enacts Uniform Mediation Act



Resignations Undercut Florida’s Open Government Mediation Program



Minnesota Adds Mediation to Fight Against Home Foreclosures



Tennessee Judges Training in Mediation



North Carolina Court Requires Disclosure of Insurance Coverage Remaining Prior to Mediation



Lawsuit Filed to Spur More Insurance Mediation



U.K. Group Urges Mediation to Remedy Design Theft



Mediation Listed as a Top Career



Online Mediation Moves to Second Life



EEOC Continues to Focus on Mediation of Discrimination Charges



Co-Mediation by Doctors and Lawyers Begun for Med Mal Mediations



Mediation Central to Civil Justice Reforms in Victoria, Australia



Court Permits Post-Mediation Evidence of Settlement Agreement from Mediator



IRS and State Agency Successfully Mediate Tax-Exempt Status of Bonds



Sears Class-Action Settlement Approved after Two Years of Mediation



Two-Thirds of U.S. Bankruptcy Courts Now Use Mediation



Federal Circuit Mediation Program Impresses



Mediation Requirement Streamlined for Florida Homeowners Associations



Mediation Surges in India and China



Mediator Loses Certification in Virginia



Kentucky Legislation Would Require Med Mal Mediation and Shield Apologies



Alabama Again Introduces Mediation Confidentiality Legislation



South Carolina Probate Courts Try Mandatory Mediation



Controversy over Level of Party Competence Needed to Mediate



Litigator Criticizes Settlement Compromises as Poor Advocacy



Input Sought on Global Mediator Certification Standards



Idaho Introduces Mediation Confidentiality Legislation



Counsel in Contempt for Breaching Mediation Confidentiality



Utah Supreme Court Upholds Mediation Confidentiality, Seals Record, Recuses Trial Judges



Businesses Encouraged to Use Dispute Resolution Clauses



Hotel Association Urges Mediation Rather than Arbitration in Franchise Agreements



Extensive Negotiations Shape Mediation Agenda



Hong Kong Chief Justice Supports Mediation



Survey Concludes that Mediation Saves U.K. Businesses a Billion Pounds a Year



Mediation Gaining Momentum in Israel



Fiji Deregulates Telecom Industry Through Mediation



International Mediation Developments



Arkansas Adopts Pilot Appellate Mediation Program



Hopi Reservation Begins Mediation Program with Federal Support



Mediation Successful in Providing Consumer Restitution



Telecom Giant Mediates with U.S. to Avoid Prosecution



Mediated Settlement Increases Company’s Market Value 70%



007 Sent to Mediation



Senator Inhofe Suggests Mediation for Poultry Waste Dispute, Includes Related Provision in Farm Bill



Australian Agency Uses Mediation to Assist Small Businesses



Jamaican Foundation Seeks Funding to Establish Dispute Resolution Centers



Tonga Encourages Mediation During Law Week



Iowa, Ohio Turn to Mediation in Home Loan Crisis



Florida Tweaks Insurance Mediation Program



Georgia Supreme Court Creates Mental Capacity Exception to Mediation Confidentiality



Mediator Privilege Adopted in New Jersey



Litigation Survey Reveals Extensive Use of Mediation



World Bank Publication Urges Mediation of Corporate Governance Conflicts



Korea Promotes Mediation of Private Antitrust Disputes



Florida Permits Non-Lawyers to Be Circuit Court Mediators



Rhode Island Supreme Court Requires State Attorney General to Continue Mediation of Criminal Matter



Minnesota’s Farmer-Lender Mediation Program Building on Success



Punishment for Violating Mediation Order by Sending Counsel Alone Limited by U.S. Constitution



Largest Antitrust Settlement Reached in Mediation



Mandatory Med Mal Mediation Approved for Illinois County



Federal Court in Pennsylvania Proposes Expanded ADR Program



New South Wales Seeks to Reduce Cost of Court Ordered Mediations



Construction and Other Commercial Mediation Increasing in Scotland



Subpoena of Mediator Upheld in New York



Mediation Defense Fails to Prevent Criminal Penalties Flowing from Unauthorized Practice of Law in Canada



Mediation Resolves Land Dispute for Minnesota Twins Ballpark



Outside Mediators Best in Workplace Disputes



Seeking Common Ground, Muslim Leaders Reach Out to Christians



AAA Updates Mediation Procedures



Non-Lawyers May Represent Parties in FINRA (NASD) Mediations



Settlement Undone by Fraud Involving Prior Contradictory Statements



Senator Feinstein Offers to Mediate Mining Dispute



Telephonic Mediation Efficiently Resolving UK Personal Injury Claims



Alleged Fraud Insufficient to Void Settlement Agreement



Judge Orders Mayor’s Arrest for Failure to Appear at Mediation



Mediation Increasingly Used in Brokerage Disputes



IFC Providing Mediation Assistance to Macedonian Chamber of Commerce



Mediation Hailed As Hit in Scotland



Ninth Circuit Concludes Party Put on Notice by Information Despite Mediation Confidentiality



Texas Court Enforces Strict Terms of Agreement



Short Settlement Agreement Unambiguous and Enforceable



UK Using Mediation to Curb Gang Wars



Asian Mediation Association Forming to Address Commercial Disputes



Japan Upgrading Consumer Mediation Services



North Carolina Encourages Mediation of Criminal Cases



New Mexico Association Announces Mediator Certification



New York City Expands Online Dispute Resolution



Mediation Is Better Public Relations Option for Religious Groups



Abuse Case Against Mormon Church Enters Mediation



Mediation Critical When Litigation Unaffordable



West Australia Mediating Serious Criminal Cases



New Zealand Authority Finds Dismissal Unjustified for Post-Mediation Disclosures



Botswana Begins Court-Annexed Mediation



Mandatory Med Mal Mediation Expanding in Rhode Island



Factors in Cases Suitable for Court-Ordered Mediation



Federal Court Rejects Assertion of “Interest of Justice” Exception to Mediation Confidentiality



U.K. Construction Mediation Robust, But Judges Disfavored as Mediators



China Emphasizes Voluntary Mediation



Bangalore Celebrates First Mediation Center



California Court Reverses Judicial Exception to Mediation Confidentiality



School Board Mediation Succeeds After Open Meetings Fail



Mediation Brings Justice to Immigrating Parties After Trial



New Jersey Legislation Would Require Agencies to Promote Mediation



Empowered Mediators Suggested for Disputes Between Law Partners



International Reinsurance Protocol Promotes Mediation



Singapore Settlements No Longer Automatically Enforceable as Judgments



Mediation Expected to Build Consensus over Seattle Bridge



Mediation Takes Root in Poland



State Agency Representatives Lack Authority to Convert Mediation into Med-Arb



Final Wave of 800 MHz Spectrum Licensees Begins Mediation; Post-Mediation Costs to be Borne by Licensees



Court Bars Deposition of Counsel about Disclosures at Mediation, But Hints Mediator May Be Considered



Court Vacates Conditional Settlement



AAA Updates Mediation Procedures for Residential Construction Disputes



Toronto Judge Avoids Court Meltdown by Enhancing Mediation Programs



Lawsuit Delayed to Allow Mediation



Mediation Useful in Intellectual Property Disputes



First Set of Barristers’ Chambers to Launch Mediation Practice



Bangladesh Short on Trained Mediators



Settlement Agreement Invalid When Attorney Not Authorized



Inappropriate Mediation Conduct Lands Party in Jail



Informal Email May Sometimes Bind Parties to Settlement



Deposition of Mediator Improper Even When Mediated Agreement Unconscionable



Scottish Group Plans Register of Approved Mediators



Mediation Practices Less Common in Large Law Firms



Canadian Music Society to Mediate with Artistic Director



Worldwide Mediation Certification Planned



Mediation Successes in Africa Lead to Search for Understanding