Mediation in Today's News

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February 2017
2/24

How to Prepare Your Client for Mediation

As with most other things in life, a lawyer’s success in mediation will usually be dependent on his or her preparation. This also means more than simply preparing a presentation for the mediator; it also means preparing your client for what to expect at the mediation. read

 

Bankruptcy Court's Mortgage Mediation Program a Success

A bankruptcy court in New York has come up with a way to get bankrupt homeowners and mortgage lenders together voluntarily to modify loans to the benefit of each. read

 

Mediation With Bite – giving your dispute resolution process some teeth

If we assume that your asking an employee and his manager to try to mediate a falling-out between them is a reasonable management request, what rights do you have as employer if one of them refuses? read

 

How to Choose an Elder Mediator

Adult siblings often find themselves at odds when a parent needs long-term care or nears the end of life. Here are tips on finding a mediator to help your family navigate thorny caregiving issues. read

 

Mediation for $27 million lawsuit against City of Ukiah set for May

A long-awaited mediation session has been scheduled between the City of Ukiah and the Ukiah Valley Sanitation District. While the mediation itself would be confidential, any potential settlement would “have to be vetted publicly, and discussed publicly, before it would approved by either the city council or the board of the district.” read

 

Oxnard church allegations headed for mediator

Allegations of misuse of funds and other issues spurring a battle for control at Ventura County's oldest African-American church will be sifted through by a mediator, according to a vote of members at St. Paul Baptist Church. read

 
2/21

Lawsuit against City of Guelph resolved through mediation

A wrongful dismissal lawsuit against the City of Guelph by a former chief building inspector has been resolved through mediation. Bruce Poole had been seeking $1 million after he felt he was wrongfully fired in 2015. It is not known how much the settlement was. read

 

Missouri cops struggle with mental health crisis mediation

Her adopted son threatening suicide, a desperate Charlene McCarroll summoned law enforcement the night of April 17, 2015. St. Louis County police pulled up within minutes. Three-and-a-half hours later, Thaddeus McCarroll was dead. read

 

CPC seeks mediation in parking dispute

As the Charlottesville City Council prepares to discuss incentives to spur the completion of a long-dormant luxury hotel project on the Downtown Mall, the two largest garages downtown were closed recently because of an excess of activity and traffic. read

 

Southern Xposure enters mediation with two former dancers

After a local West Virginia chain of strip clubs asked to have a recently filed lawsuit by two dancers dismissed or stayed, the parties agreed to mediation. read

 

Media oppose mediation proposal for public records

A Colorado bill that would allow those who request public records and the records custodian to mediate a solution is opposed by several agencies who serve as watchdogs for the public interest. read

 

Mediation program can save struggling farmers

Jessica Hofschulte says the state's farmer-lender mediation program saved her family's farm near Zumbro Falls in southeast Minnesota. read

 

LAPD mediation program for residents and cops creates better understanding – when they show up

A mediation program designed to help LAPD officers and residents understand each other better is largely successful when both sides agree to meet. But cops and residents often choose not to engage in face-to-face mediation. read

 
2/14

Mediation Continues Between St. Augustine, Street Performers

Narrow streets and high congestion in St. Augustine’s historic district continue to contribute to tensions felt between street artists and the city, which wants to limit their performances. read

 

Ireland: Long awaited Mediation Bill finally published

The Mediation Bill 2017 obliges parties to a dispute to seriously consider mediation as a route to resolution. read

 

Court Frowns on Contractor's Mediation Stand-In

Gregory "Skip" Gozzo allegedly sent his father's caregiver in his place to attend alternative dispute resolution proceedings in a construction defect case. read

 

Keep condo conflict out of court: Mediate

In the condominium arena, threatened lawsuits and racing to the courthouse are not always the answer. Mediation is an effective, successful way to keep condominium conflict out of court. It focuses on the fix, not the fight. read

 

The Myth Of The Forceful Mediator

It’s time to debunk the myth of the forceful mediator, and to suggest more productive ways for top-gun litigators and top-flight mediators to engage. read

 
2/07

Timing of a Mediation

Most litigators have experienced that mediation is a virtual certainty in nearly all cases. The question is no longer if, but when. In evaluating options for resolving your client’s dispute, you may ask yourself “when is the right time to mediate this dispute?” read

 

Mediator Joins Nike Negotiations

The university has recruited third-party mediator Don Edwards, Justice and Sustainability Associates’ CEO, to assist in the negotiations between Georgetown and Nike regarding the university’s licensing contract, which expired Dec. 31. read

 

Peer mediation turns 20 at Tuc-el-Nuit school

Help, I need an adult! That phrase has become far less common over the past 20 years at Tuc-el-Nuit Elementary, where students in a squabble are taught to rely on their own problem-solving skills through the school’s peer mediation program. read

 

Getting Clients — And Keeping Them — Through Pre-Suit Mediation

"Let's just sue them now! That will make them come to the table and settle!" Almost every litigator has heard these words from an exasperated client. Many lawyers are tempted to go along. But as every good lawyer knows, this almost never comes true. Once the litigation train has left the station, it is very difficult to stop. read

 

Law school naming feud heads to mediation

A preliminary deal over naming rights between Houston's battling law schools formally fell apart Wednesday, with lawyers asking a federal judge to send them into mediation. The dissolution of the talks comes as Houston Community College joins the trademark fray over the question of who has the right to use "Houston" in educational materials. read

 

Toms River Chabad lawsuit headed to mediation

The federal civil rights lawsuit filed against the township by Rabbi Moshe Gourarie and the Chabad Jewish Center is headed for mediation. Gourarie's lawsuit charges that "anti-Semitic hostility" and local opposition to the township's ultra-Orthodox Jewish population are the reasons why the Chabad Jewish Center has been told it needs a variance to operate. read

 
2/02

Hanford vapor case headed to mediation

Parties in a lawsuit over employee concerns about exposure to chemical vapors at the Hanford Nuclear Reservation are headed to mediation. read

 
January 2017
1/26

Lengthy Mediation Efforts To Save Dallas Pension Fund Fail

Lengthy mediation efforts this week between Dallas leaders and the Dallas Police and Fire Pension System have failed and no resolution appears evident as the pension stumbles toward insolvency read

 

Charity urges increase in family mediation

A charity has called for an increased use of mediation during family breakdown. The public needs a better understanding of the divorce process so children and other “at-risk parties” can be better protected, the Family Mediation Association (FMA) insists. read

 

In praise of mediation

For reasons I won’t go into here, I think I may have gained a reputation in some quarters for being an opponent of mediation as a means of resolving family disputes. In fact, nothing could be further from the truth. read

 

Six-month extension to wrap up mediation with artists

With the passing of the first deadline for mediation between the four artists who are challenging city ordinances that restrict their use of public spaces, the City of St Augustine reported to Historic City News that the court has approved a six-month extension to wrap up mediation before proceeding to jury trial. read

 

University Brings In Mediator For Nike Negotiations

Weeks after a student protest occupying University President John DeGioia’s office ended and Georgetown allowed its licensing contract with Nike to expire, the university has hired an independent mediator to facilitate negotiations with the apparel company in the coming weeks, according to university spokesperson Rachel Pugh. read

 

Hawaii bill compels mediation for Zuckerberg-type land deals

A Hawaii lawmaker said Friday he plans to introduce legislation that could force Facebook CEO Mark Zuckerberg into mediation before he is allowed to buy real estate on Kauai island. read

 

WI: Family Law Mediators Can Draft Settlement Documents

The Wisconsin Supreme Court has approved a petition that will allow lawyer-mediators to draft and file settlement documents in family law cases. Currently, parties must obtain different legal counsel to perform those legal tasks after mediation. read

 
1/23

Mediation underway in lawsuit involving paralyzed Nashua football player

Mediation efforts are underway in an attempt to settle a lawsuit brought against the school district and two former coaches by a football player who was paralyzed during a 2010 practice. read

 

Unique Challenges to Mediating a Medical Malpractice Case

Mediating a medical malpractice case brings with it many challenges that are not present when mediating other types of cases. read

 

Productive Mediation of Liability and Coverage

Settlement of litigation cases prior to trial often requires resolving competing claims for insurance coverage and indemnification between some or all of the parties. Fundamentally, determining who has to pay to settle a suit can be as complex, if not more so, than the underlying dispute. read

 

Approaching Mediation From Another Vantage Point

Very few neutrals, arbitrators or mediators, however astute, can truly appreciate what a party is feeling in the midst of mediation or court mandated settlement conference. read

 
1/18

Mediation sought to resolve Conneaut Lake Volunteer Fire Department's bankruptcy

Conneaut Lake Volunteer Fire Department and its main creditor are headed to federal mediation in an effort to resolve the fire department's Chapter 11 bankruptcy case. read

 

Mediation to start Tuesday in Pinellas 50-year-old desegregation case

District officials and the lawyers for the plaintiffs in the federal case held informal negotiations for about four months, but agreed that they weren't making much progress. It was Guy Burns, the lawyer in a separate but related state case, that suggested the parties go to mediation, if only to speed things along. read

 

4 Things to Consider When Your Company is Ordered to Mediation

Mediation of employment matters is on the rise. When faced with an employment case, your company may be ordered to mediation or the court rules may require it. read

 
1/11

Law You Can Use: Ohio court of claims provides public records claims program

This program is meant to be “an expeditious and economical procedure” to resolve public records disputes, and mediation has proven to be a fast, nearly cost-free way to clear up misunderstandings, explore creative solutions, and reach compromises that satisfy both parties. read

 

The Mediation Toolbox: What's at Your Disposal at Every Step?

If you ask most people, they would likely say that lawyers are a necessary evil. If you ask most lawyers, they would likely say that mediation is a necessary evil. read

 

Mediation is an effective tool for elder family issues

Mediation, long considered to be an alternative to lengthy expensive divorce actions, can also be used in other contexts, notably where there is a dispute among adult children regarding frail, disabled and incapacitated parents. read

 

Sides in Helmerich Park dispute going to mediation this week

This aerial photo shows the proposed site of a development that may include an REI store near 71st Street and Riverside Drive, on land that is now part of Helmerich Park. read

 

BLM Land Dispute Continues With Mediation Session

Attorneys for the land owners filed suit against the BLM in 2015 over the seizure of 90,000 acres of private property along the Red River. If mediation is not successful, the case could go to trial in July. read

 

Guided Choice: Emerging ADR Trend for Construction Disputes

As you contemplate your New Year’s resolution, you should consider implementing Guided Choice as a means to resolve some of your company’s more thorny construction disputes. Guided Choice is an emerging trend in the resolution of complex disputes, and such process will save your company valuable time and money. read

 

E-cig patent lawsuits heading to mediation

One set of patent-infringement lawsuits addressing electronic cigarette technology is heading to mediation, according to legal filings Thursday. read

 
1/04

Family Business Mediation: Solving Legal Issues Without Going to Court

Mediation is often considered an excellent means of conflict resolution for personal or family disputes, but the benefits of mediation extend to more than just familial problems. In fact, mediation is oftentimes the best conflict resolution tool available for small and medium sized businesses. read

 

Puffery vs. Lying in Mediation

Both the common law and the Code of Professional Conduct frown upon lying in the context of the negotiation of a settlement of a dispute. However, not every "lie" is actionable. Some lies are OK. If the misstatement is mere "puffing" by the party or counsel, the law will look the other way. read

 

Judge heeds request from Gov. Snyder, OKs mediator in Flint water delivery case

A federal judge has appointed a "settlement master" to mediate a Flint water crisis lawsuit after an attorney for Gov. Rick Snyder requested it. read

 

Ireland: Lawyers will be forced to suggest mediation under new Bill

Minister’s proposed law would promote a cost-efficient alternative to court proceedings. read

 
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