In 2005, as settlement of a disciplinary matter, attorney Anthony Bott agreed to resign from practice. In 2009, Bott completed mediation training and in 2010 he requested permission from a county court to practice as a mediator. The judge reported the matter to the Massachusetts Supreme Judicial Court (SJC), which issued this opinion.

The SJC acknowledged that mediation “is not generally subject to regulation or licensure in Massachusetts,” but found that the court-referred nature of Bott’s practice was guided by SJC Rules (specifically Rule 1:18). The Court concluded that “as a general proposition, a person does not engage in the practice of law when acting as a mediator in a manner consistent with the Uniform Rules.”

The Court next turned to the question of whether Bott’s resignation had any effect on his ability to mediate. Despite Bar Counsel’s argument that the rule prohibiting “legal work” was broader than the practice of law, the Court concluded that “legal work” meant “the practice of law” and not anything more.

However, the Court found that in some situations, Bott might draw on his education, experience or legal judgment to address the needs of the parties in mediation. The Court noted that the conflict is greatest when Bott would mediate cases in similar areas to those which he practiced while an active member of the bar.

The Court concluded that “an attorney who has resigned while the subject of disciplinary investigation, or who has been disbarred or suspended from the practice of law, may be prohibited, in some circumstances, from acting as a mediator.” The matter was returned to the court below for a specific determination about the relationship between the kinds of cases Bott would mediate and the kinds of cases he handled as a lawyer and whether Bott would be using his legal experience and judgment in his mediation practice.

In re Bott, 462 Mass. 430, 2012 WL 1970456 Mass., June 5, 2012

International Mediation Developments
This is another in a series of updates on international mediation developments by Keith Seat, Mediate.com News Editor.


“Binding Mediation” Upheld by California Appellate Court

While noting that it seems “paradoxical,” a California appellate court upheld “binding mediation” as a process in which a mediator can determine the outcome if the parties cannot reach agreement and have the outcome enforced as a mediated settlement agreement, rather than an arbitration award. In Bowers v. Raymond J. Lucia Cos., the parties agreed that they would attempt to reach settlement in a one-day mediation, but if they could not agree on an outcome, the mediator would be empowered to choose either the plaintiffs’ final demand or the defendant’s final offer, which the parties referred to as baseball arbitration. At the end of the day of mediation there had been no movement by either side and the mediator ultimately chose the plaintiffs’ number. In resulting litigation, the trial court enforced the mediator’s determination as a mediated settlement agreement, rather than an arbitration award. The court noted that the sophisticated parties and counsel involved could have provided for mediation to be followed by a separate binding arbitration, but instead had agreed to binding mediation, with the mediator’s decision based only on what occurred during the mediation. The appellate court affirmed, rejecting arguments of uncertainty and unconstitutionality, ruling that the parties neither agreed to nor sought an arbitration hearing following the failed mediation, but empowered the mediator to determine the outcome without a separate arbitration proceeding.

Bowers v. Raymond J. Lucia Cos., No. D059333 (Cal. Ct. App., Div. 4, May 30, 2012)


All Federal District Courts Authorize Mediation or Other Form of ADR

A survey by the Federal Judicial Center has determined that some 30 years after federal district courts began experimenting with alternative dispute resolution, every court now authorizes some form of ADR, with mediation being the most common by wide margins. Mediation is authorized in over two-thirds of the 94 district courts, and is by far the most commonly used process. By contrast, arbitration programs once promoted by the courts have declined significantly. While only about 20 percent of the courts using mediation mandate it as a general rule, three-fourths can order mediation in particular cases without the consent of the parties. Most courts rely on panels of mediators and most require the parties to pay the fee for mediation.

The Third Branch News (June 25, 2012); FJC Study


Multi-Year Study Analyzing Impact of Mediation on Maryland Courts

The Maryland state judiciary system is spending $750,000 for a multi-year study to be conducted on the impact of alternative dispute resolution programs on the courts and access to justice. The study by the Salisbury University Center for Conflict Resolution is reviewing everything from misdemeanor and small claims cases to family custody and larger civil cases. The study is intended to determine the effectiveness of various programs and best practices so that programs found not to be beneficial or cost-effective can be ended and those working well can be expanded.

Delmarva Now.com (May 15, 2012)


British Columbia Proposes Online Dispute Resolution Tribunal

The Ministry of Justice for British Columbia has introduced the Civil Resolution Tribunal Act to establish a tribunal to provide online dispute resolution services. The legislation would establish an escalating four-phase process in which participation would generally be voluntary. Parties would first rely on self-help using interactive online tools, the second phase would move to assisted negotiations online, while the third phase would include intervention by a case manager. The final phase would be a tribunal hearing, which could also be online, with final tribunal decisions filed in court and enforceable as court orders, with only limited judicial review. Parties would not be allowed to use legal counsel, except in limited circumstances; Canadian lawyers’ associations oppose the legislation.

JD Supra (May 15, 2012); Civil Resolution Tribunal Act


Mediation Now Saves U.K. Businesses Two Billion Pounds a Year

The fifth survey by the Centre for Effective Dispute Resolution (CEDR) calculates that mediation in the U.K. now saves businesses about £2 billion in legal fees, damaged relationships and lost productivity, at a cost of only £20 million in mediation fees. The survey concluded that there were about 8,000 mediations in the last year, which is up one-third since CEDR’s 2010 survey. A large proportion of these mediations were conducted by only 100 mediators, with top mediators charging over £8,500 per case and earning over £400,000 a year. The survey also covered the experience and backgrounds of mediators, performance in mediation and perspectives on standards and regulation. CEDR began its mediation surveys in 2003.

CEDR’s Fifth Mediation Audit (May 15, 2012)

Update on Home Foreclosure Mediation
This is another in a series of updates on the development and expansion of foreclosure mediation in the U.S. by Mediate.com News Editor, Keith Seat.


Court’s Disposition Final, Despite Tentative Settlement

Mediation resulted in a tentative settlement agreement that needed approval of the city’s board of selectmen, but before the board acted the court ruled for the city on summary judgment, dismissing all claims. Plaintiffs sought to vacate the court’s order and enforce the settlement agreement, but the court concluded that the settlement was never finalized because the requirement of board approval had not been met and bad faith delay was not established. The court also rejected plaintiffs’ other arguments, including an assertion of excusable neglect by plaintiffs’ counsel in failing to inform the court of the settlement discussions, which the court agreed would have likely delayed its summary judgment ruling.

Bliss v. Fisher, No. 10-10252 (U.S.D.C. D. Mass., April 5, 2012)


Mediation Given Key Role in Gulf Oil Spill Settlement

A federal judge in the BP gulf oil spill case has named a mediator to focus on resolving seafood claims for which $2.3 billion has been set aside in the proposed class action settlement. The seafood claims cover commercial fishing and oyster leaseholders and harvesters, but not the processing or sale of seafood. This is the only portion of the settlement that is capped, with the overall settlement estimated to be about $7.8 billion.

Nola.com (March 9, 2012)


Maryland Expands Mediation Confidentiality Coverage

Maryland has enacted the Maryland Mediation Confidentiality Act, S.B. 856, to provide for the confidentiality of mediation in matters beyond those already covered by law. The mediation confidentiality provided in the new act generally parallels existing statutory provisions applicable to cases referred to mediation by the Maryland circuit courts. However, the new legislation applies only if the mediator confirms in writing that he or she will abide by the Maryland Standard of Conduct for Mediators and only if the parties either agree to confidentiality or are required to mediate. The legislation does not apply to collective bargaining disputes or other listed exceptions. In addition, confidentiality does not apply to signed agreements reached in mediation by the parties and disclosures needed to prevent bodily harm, assert or defend against professional misconduct, or prevent an injustice a court determines would outweigh the integrity of mediation proceedings. The legislation takes effect on October 1.

Maryland Mediation Confidentiality Act (May 2, 2012)


California Legislation Would Add Legal Malpractice Exception to Strict Mediation Confidentiality Statute

Legislation has been introduced in California to provide a narrow exception to the state’s strict mediation confidentiality statute so that clients may use communications with their own attorneys during mediation if needed to assert claims of professional negligence or misconduct against their counsel in later proceedings. This legislation follows the January 2011 decision by the California Supreme Court in Cassel v. Superior Court, which rejected the Court of Appeal’s creation of a judicial exception to the confidentiality statute, and prevented a party from using his private communications with his attorneys before and during a mediation in a later action for legal malpractice. The Court relied on the plain language of the statue and stated that any exception must come from the legislature.

California Assembly Bill No. 2025 (February 23, 2012)


Canada Allows Banks to Use Private Mediators in Client Disputes



Corporate Mediation Representation Service Launched


International Mediation Updates
Here is another in a series of updates on international mediation development by Keith Seat, Mediate.com Legal ADR News Editor.

Update on Home Foreclosure Mediation
Here is another in a series of updates on home mortgage foreclosure mediation by Keith Seat, Mediate.com Legal ADR News Editor.


Tenth Circuit Affirms Dismissal of Case as Sanction for Violating Mediation Confidentiality



Federal Court Refuses to Sanction Party for Trying to Reach Global Settlement in Mediation



New Jersey Court Upholds Settlement in Principle Signed in Mediation, But Not Unexamined Longer Agreement



Ninth Circuit Boosts Use of Mediation in Lower Courts through “Resolution Roundup”



World Intellectual Property Organization Expands Mediation Programs



Internet IP Mediation Handbook Developed in China



China’s Med-Arb Approach Spreading in Pacific Region



U.K. Criticizes E.C.’s Proposals for Dispute Resolution for Consumers



Isle of Man Promoting Workplace Mediation


International Mediation Updates
Here is another in a series of updates on international mediation developments from Mediate.com News Editor, Keith Seat.


City Uses Mediation to Avoid Bankruptcy



European Union Moving Toward Online Dispute Resolution for Consumers



World Bank Analyzes ADR Benefits


Update on Home Foreclosure Mediation
Here is another in a series of updates on home foreclosure mediation developments nationwide from Mediate.com News Editor, Keith Seat.


U.K. Trying Regional Workplace Mediation Networks



Japanese Mediation Center Beginning to Resolve Fukushima Nuclear Accident Claims



Law School Mediation Updates



U.S. Government Unsuccessful in Enforcing Partial Settlement Terms



Canadian Report Encourages Specific Training and Standards for Elder Mediation



New York Mediation Centers Seek Restoration of Funding



BBB Celebrates 100 Years


International Mediation Updates
Here is another in a series highlighting international mediation developments by Mediate.com News Editor, Keith Seat.

Update on Home Foreclosure Mediation
Here is another in a series of updates on the development and operation of foreclosure mediation by Mediate.com News Editor, Keith Seat.


Federal Circuit Concludes that Non-Binding Arbitration Is Not Mediation, So No Decision Reached on Mediation Privilege



West Virginia Supreme Court Reverses Sanctions, But Confirms that Failure of Insurance Representative to Appear at Mediation with Full Settlement Authority Is Sanctionable



Attorney’s Signature Not Sufficient for Binding Settlement Agreement When Party Is Present



EEOC Increases Monetary Recoveries in Mediation to $170 Million



Florida Supreme Court Amends Mediation Rules, Raising Concerns by Insurers



ACR Offers Model Standards for Mediation Certification Programs



UK Press Commission Proposed for Mediation of Libel and Privacy Cases



Massive Federal Drug Litigations Turn to Mediation


Update on Home Foreclosure Mediation
Here is another update on the development and operation of foreclosure mediation programs throughout the United States written by Mediate.com News Editor, Keith Seat.    1 Comment


Court Exceeded Authority in Enforcing Mediation Agreement



Bankruptcy Court Upholds Limited Mediation Privilege in Connecticut



Court Permits Mediation with Only a Few Participating Plaintiffs



Canada’s Banking Ombuds Calls on Regulators to Require Banks to Mediate Client Disputes



Mediation on Television


International Mediation Updates
Here is another update on international mediation developments written by Mediate.com News Editor, Keith Seat.


Federal Court Dismisses Case to Sanction Plaintiff for Violating Mediation Confidentiality



Counsel and Client Penalized for Failure to State Demand Prior to Settlement Conference



Federal Appellate Court in Ohio Upholds Oral Agreement Reached by Trial Judge Acting as Mediator


Update on Home Foreclosure Mediation
Here is another in a series of updates on the development of foreclosure mediation in the U.S. from Mediate.com News Editor, Keith Seat.

International Mediation Updates
Here is another in a series of updates on international mediation developments from Mediate.com News Editor, Keith Seat.


Mediation Helps Reduce Med Mal Litigation



New York Mediation Centers Face Cuts in State Funding



New International Tribunal Created for Disputes over Complex Financial Instruments



The Future of Online Dispute Resolution Discussed



Mediator Malpractice Alleged


Update on Home Foreclosure Mediation
Mediate.com Mediation News Editor Keith Seat here provides an additional update on the nationwide development of foreclosure mediation programs.    1 Comment

International Mediation Updates
Here is another in a series of updates on international mediation developments from Mediate.com News Editor Keith Seat.


Second Circuit Upholds Mediation Confidentiality Despite Modest Bar for Exceptions



Federal Court in Texas Requires Party to Execute Comprehensive Agreement to Comply with Mediation Settlement Agreement



Oral Mediation Settlement Agreement Upheld in Kansas, Despite Need for Board Approval



Efforts by Arbitrator to Mediate Dispute in China Taint Arbitration Award


Mediation in Sports
Mediate.com News Editor, Keith Seat, summarizes the recent application of mediation to resolve a number of high value commercial sports disputes.


Facebook Mediated Settlement Agreement Upheld



Mandatory Mediation of Disputes Urged as Best Practice for Commercial Real Estate Financing



WIPO Developments Include Creative Barcodes


International Mediation Updates
This is another in a series of international mediation updates by Mediate.com's News Editor, Keith Seat.


'Jury Mediation' May Be Helpful in Some Disputes



Mediation May Resolve Electronic Discovery Disputes



CPR Promoting Tool for Evaluating Mediators and Arbitrators



IMI Prepares Inter-Cultural Competency Certification


Update on Home Foreclosure Mediation
Mediate.com Mediation News Editor Keith Seat here provides an additional update on the nationwide development of foreclosure mediation programs.


Mediated Settlement Agreement Enforced Despite Lack of Required Approvals by Bank Committee and FDIC



Court Considers Preliminary Injunction Despite Contract’s Mandatory Mediation Provision



Court Refuses to Vacate Patent Invalidity Decision to Support Mediated Settlement After Balancing Factors



Use of Mediation PowerPoint to Prep Witnesses Opens It to Discovery



Expert Used in Mediation Properly Appointed as Trial Expert, But Must Generate New Report



Consent Judgment Following Mediated Settlement Cannot Be Appealed



Countrywide to Pay over $600 Million in Mediated Securities Fraud Class Action Settlement



'Opt-out' Settlement Agreement Not Binding Where No Acceptance of Proposal Terms



WIPO Dispute Resolution Survey Under Way


International Mediation Developments
Here is another in a series of updates on international mediation developments from Mediate.com News Editor Keith Seat.

States Continue Use of Mediation for Consumer Restitution
An increasing number of states are now using forms of mediation for purposes of processing consumer restitution requests and complaints.


California Supreme Court Allows Use of Mediation Confidentiality as Shield to Avoid Legal Malpractice Claims



Cost Order Cannot Include Prevailing Party’s Half of Mediator’s Fees



One to Watch on “Federal Mediation Privilege”



Video Mediation Spreading


International Mediation Updates
Here is an update on international mediation developments from Keith Seat, Mediate.com Mediation News Editor.


Mediation Again Ranked One of Best Careers



Second Canadian Province Enacts Commercial Mediation Statute



Ireland Emphasizes Mediation and Conciliation for Cross-Border and Other Disputes



Hong Kong Increasingly Emphasizes Mediation



Minnesota Farmer-Lender Mediation Program Having Bigger Impact



EEOC Reports Record Number of Mediation Resolutions



Cognitive Barriers Can Cause Needless Failures in Mediation



Mediation Encouraged in California Environmental Quality Act Disputes



Connecticut Requires Mediation in Medical Malpractice Cases



North Dakota Expands Agricultural Mediation to Oil Exploration



Missouri Proposes Mandatory Mediation for All Large Civil Cases



British Culture Minister Seeks Mediation Service to Address Online Privacy



Ontario Appellate Court Penalizes Refusal to Mediate


Update on Home Foreclosure Mediation
This is another in a series of updates on the development of Foreclosure Mediation throughout the United States by Mediate.com's Mediation News Editor Keith Seat.

International Mediation Developments
This is another article in a series on international mediation developments by Keith Seat, Mediate.com's Mediation News Editor.


Counsel’s Apparent Authority Sufficient to Enter Binding Oral Settlement Agreement Following Mediation in Connecticut



Claims Against Own Counsel Don’t Undo Settlement Agreement



Publicizing Mediation Briefs Not Protected as Official Proceeding or Free Speech Under Anti-SLAPP Laws



Google Settles Buzz Class Action for $8.5 Million in 14-Hour Mediation



Google Settles Buzz Class Action for $8.5 Million in 14-Hour Mediation



Tulsa Mayor and City Council Continue to Sort out Process to Address Disputes Between Them



Significant Increases in UK Alternative Dispute Resolution Reported



California Commercial Liability Insurers Must Defend Mandatory Pre-Complaint Processes



Eleventh Circuit Construes Mediation Confidentiality Narrowly



Ontario Chief Justice Calls for Greatly Expanding Judicial Mediation



Mediation Expanding in China with New National Mediation Statute



Colorado Court Approves Mediated Settlement of Trust Dispute over Objection of Beneficiary



Mediator’s Declaration About Length of Settlement Agreement Inadmissible



CPR’s Model Civil Litigation Prenup Requires Mediation



Agricultural Mediation Programs Funded



IMI Adds Founding Institution in Mideast


International Mediation Developments (update)
This is an update on International Mediation Developments from Keith Seat, Mediate.com Mediation News Editor.


Peer Mediation Takes Hold in Prison



ABA Ethics Committee Analyzes Mediators’ Duty of Care in Drafting Agreements



Survey Finds Lawyers – Especially Men – Overconfident in Predicting Case Outcomes



Evidence Held Back During Oksana-Mel Mediation



Federal Reserve Banks Facilitate Industry Consensus on Mobile-Payment Technologies



SBA Encourages Greater Use of ADR in Appeals



Florida Supreme Court Invites Comments on Proposed Amendments to Mediation Rules



Florida Bar Adds ADR Section



Federal Court Awards Costs for Failure of Corporate and Insurance Reps to Attend Mediation



Ninth Circuit Affirms that Confidentiality Provisions Shield Alleged Legal Malpractice During Mediation



Tulsa Mayor and City Counsel Jockey over Mediation of Disputes Between Them



Court-Ordered Mediation Precludes Oral Settlement Agreement



Five NYC Hospitals Participating in Federally-Funded Mediation Program



Medical Liability Cases Often Settle Through Direct Negotiations


International Mediation Developments
This article, by Mediation News Editor, Keith Seat, summarizes recent International developments in the world of mediation.


Arizona County Hires Feinberg for Half-Million Dollars; Principals Object to Mediation



Foundation Relies on Mediation to Improve Patient Access to Care



Legislative Mediation Proposed for Congress



Mediation on TV



Italy’s Mandatory Mediation Statute Seeks to Resolve a Million Disputes a Year



Commercial Mediation Competition



EEOC Adds 200th Large Employer to Mediation Program



Alabama Supreme Court Reduces Attorney’s Fees for Obtaining Settlement in Mediation



Court Approves Mediation Procedures in Lehman Brothers Chapter 11 Cases



Feinberg Selected as Independent Claims Administrator for BP Compensation Fund


Update on Home Foreclosure Mediation
This article, by Mediation News Editor, Keith Seat, summarizes recent developments in the world of foreclosure mediation.


California Appellate Court Holds Mediation Confidentiality Should Not Block Clients' Ability to Prove Claims Against Attorneys



California Mediator Specializes in Marijuana Disputes



Mediation to Address Access to SeaWorld Death Video



DOJ Mediation Eases Racial Tension in Florida Community



Florida Restricts Retired Judges from Using Title in Mediation Practices



Greensboro Launches Landlord-Tenant Mediation Program



Italian Legislation Would Mandate Mediation Prior to Litigation



California Court Denies Sanctions Against Counsel Who Refused to Interpret Mediator’s Communications to Their Clients



Massachusetts Appellate Court Enforces “Agreement in Principle” Signed at Mediation



Massachusetts Court Enforces Oral Mediation Agreement



Information from Mediation May Be Used to Convict Party in Maine



Lack of Mediation Settlement in Michigan Does Not Provide Basis for Imposing Attorneys’ Fees



Payment of Settlement Funds to Charities Gaining in Both Popularity and Scrutiny



Adoption of Mediation Being Considered by Russian Parliament



Washington State Moving to Extend Agricultural Mediation Program



California County Mediation Agency Struggles to Maintain Funding


International Mediation Developments
Here is an update on international mediation developments by Mediate.com News Editor, Keith Seat.

Update on Home Foreclosure Mediation
Here is an update on home foreclosure mediation across the U.S. by Mediate.com News Editor, Keith Seat.


California Court Shields Mediation from Scrutiny with Absolute Quasi-Judicial Immunity



New York Court Sanctions Party for Rigidity in Mediation



Federal Judge Orders Early Mediation in Airliner Crash



Mediation Agreement Aims to Calm Racial Tensions in City



Juvenile Offender Mediation Program Expanding as Success Shown



Mediation Available for Online Gaming Disputes



Litigation-Focused Counsel May Undermine Mediation



Peace Mediator Being Featured in Major Hollywood Movie



Federal Office Mediates Disputes Between FOIA Requesters and Federal Agencies



Concerns Raised over Determining “Bad Faith” in Texas Balance Billing Mediations



Special Education Mediation an Important Alternative to Litigation



Hong Kong’s Practice Directive on Mediation Takes Effect


Notable U.S. Mediation Cases
This article, by Mediate.com News Editor Keith Seat, summarizes recent legal cases involving mediation from around the U.S.


Expansion of Florida Statute Requiring Mediation Notice Applied Retroactively to Insurers



Congress May Require Auto Makers to Mediate with Rejected Dealers



Parties Continue to Seek Big Names as Mediators



Mediation Ranked One of Best Careers


International Mediation Developments
Here are a number of recent international mediation developments from Keith Seat, Editor of Mediate.com's Mediation News. Mediation clearly has become a global phenomenon.    1 Comment


Sanctions for Bad Faith Mediation Overturned Due to Confidentiality



Indiana Applies Narrow Concept of Mediation Confidentiality



Court Clarifies North Carolina Mediation Process for Disputes Between School Board and County over Funding



Appellate Mediation Experience Differs Across States



Archdiocese Resolves Nearly All Clergy Abuse Cases Through Mediation



Texas Gives Patients Right to Mediate “Balance Billing” Claims



Loss Mitigation Tool Expands to Mediators



Update on Christian Teen Who Ran Away from Muslim Family


Update on Home Foreclosure Mediation
Here is an additional update on Foreclosure Mediation across the United States by Mediation News Editor Keith Seat.


Loss Mitigation Tool Expands to Mediators



Larry King Argues over Mediation Confidentiality with Beauty Queen



Mediation Again Ranked One of Best Careers



Update from the Front Lines



Texas Mediation Program for Hurricane Ike Claims Has Few Takers in First Months



JAMS Proposes Mediator-in-Reserve Process for International Arbitrations



Minnesota Farmer-Lender Mediation Program Seeing Much Greater Use



Tribe Seeks Mediation of Ongoing Dispute with Canada Border Services Agency



North Carolina May Eliminate Rule that Lawyer-Mediators Must Report Other Lawyers’ Unethical Conduct During Mediation



California Court Creates Exception to Mediation Confidentiality for Certain Attorney-Client Communications



Mediation Confidentiality Shields Alleged Legal Malpractice During Mediation in Oregon



Mediations Yield Benefits in Sunwest Management Investment Scandal



Federation of European Bars Issues Mediation Resolution Calling for More Legal Involvement


Update on Home Foreclosure Mediation
Here is an additional update on Foreclosure Mediation across the U.S. by Mediation News Editor Keith Seat.


IRS Expands Its Appeals Mediation Program



Australia Legislates More Mediation Muscle in Native Title Disputes



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



Wisconsin Court Sanctions Insurer for Failing to Send Representative to Mediation



Long-Running Dispute over California Courthouse Construction Resolved in Mediation



Appellate Mediation Program Begins in New Hampshire



Philadelphia Court Institutes Mandatory Mediation Program for Landlord-Tenant Appeals



California Senate Uses Mediation to Avoid Legislative Action



Mediation Is Subject of New TV Show



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



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