Mediation in Today's News

February 2016

Egyptian MP invites Israeli ambassador to dinner to discuss Israeli mediation in Nile dispute

A member of the Egyptian parliament, Tawfik Okasha, has invited the Israeli ambassador in Cairo to a dinner at his house to discuss the option of Israeli mediation in Egypt's Nile dispute with Ethiopia, Egyptian media has reported. read


Helena diocese finds mediation cuts bankruptcy costs

Bishop George Thomas of Helena, Montana, told the National Catholic Reporter that a conciliatory approach toward sex-abuse victims helped to minimize the expenses associated with the bankruptcy process. read


Statement from Minnesota Sports Facilities Authority Chair Regarding Mediation Settlement

We think we have reached a sensible resolution of those issues, and we're pleased to present to the Board for its consideration a settlement agreement that could not only resolve the existing claims of $16.8 million, but also creates a process that responsibly resolves an estimated $9 million-$12 million in future claims numbers, read


Mediation of eminent-domain cases boosted in SD House

A state legislator known for seeking middle ground from parties in his courtroom when he was a circuit judge is taking the same path regarding South Dakota’s eminent-domain laws. read


Mediation Perspectives: Meditation for Mediation?

I hope to: 1) briefly distinguish between meditation and mediation as disciplines, and 2) then highlight five meditation principles that can make mediators more effective. The principles center on active listening, dealing with emotions, distinguishing between process and results, practicing self-care, and embracing the right “mediation attitude." read


Forced arbitration clauses are a form of wealth transfer to the rich

A federal judge called America's move to forced arbitration and bans on class-action suits -- bans favored and enabled by Scalia -- "among the most profound shifts in our legal history." read


Mediation, Arbitration or Trial? Information to Make Your Decision With

If you’re going through a divorce or have a business issue, no matter what the legal dispute, you can mediate, arbitrate or litigate to come to a resolution -- it’s your choice. read


Argentina reaches settlement in U.S. debt class action: mediator

Argentina has reached a deal with lawyers pursuing a U.S. class action lawsuit over defaulted debt to resolve the case, as part of the country's efforts to settle long-running litigation over its 2002 default, a court-appointed mediator said Tuesday. read


U.N. Mediator For Syria Says He'll Delay Peace Talks

Saying he won't hold Syrian peace negotiations until there's a chance of success, U.N. Special Envoy for Syria Staffan de Mistura is delaying talks that had been slated for next Thursday. "We need real talks about peace, not just talks about talks," De Mistura says. read


Shaq Commits Foul By Failing to Travel to Mediation; Pays Price

On Jan. 27, the parties held a mandatory mediation conference. O’Neal’s attorneys appeared at the conference and Shaq was available for part of the conference via Skype. But the court said that wasn’t good enough: local rule 16.2(e) requires all parties to be present at mediation unless excused by the judge. read


At-Court Mediation pilot scheme improves level and quality of contact, says NFM

Data produced by National Family Mediation suggests that the At-Court Mediation pilot project is helping to improve the level and quality of contact with children. read


Mediation program offers crime victims closure

An official with a Texas Department of Criminal Justice division handling victim services spoke Wednesday to members of a Lubbock crime victims advocacy group about a mediation program that can provide closure for victims. Lauren Bledsoe, the supervisor for the Victim Offender Mediation Dialogue Program, said Texas law provides a way for victims of violent crime to face their offenders after a conviction. read


Seoul City to mediate conflicts over pets

The Seoul Metropolitan Government said this week it would offer mediation services when conflict arises among citizens over pets and stray animals. read


Boutros Boutros-Ghali’s biggest achievement was ‘largely unheralded’

Boutros Boutros-??Ghali, the first African to serve as U.N. secretary-??general, died on Tuesday at the age of 93. Boutros-??Ghali, who served from 1992 to 1996, oversaw the inter­gov­ern­mental orga­ni­za­tion during a tumul­tuous time in inter­na­tional diplo­macy. An inter­na­tional law expert and former for­eign min­ister of Egypt, he was at the helm of the U.N. during the Rwandan Geno­cide, the break-??up of Yugoslavia, and the con­flict in Somalia. read


Caesars judge invokes Wizard of Oz amid creditor deadlock

Creditors squabbling over the bankrupt remains of Caesars Entertainment Operating Co. thought they had finally found something to agree on: They need a responsible adult to supervise debt-restructuring talks. So, they asked the court overseeing the $20 billion reorganization to order them into mediation and to appoint either an active or retired bankruptcy jurist to supervise. read


Colliton: Mediation for elder issues can prevent litigation

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. If there is anything that brings out old family conflicts like care for, abuse of, and costs relating to elderly parents, I do not know what it is. read


Noted mediator will be in KC to meet with Teamsters in huge pension fight

Kenneth Feinberg, the notable mediator, has distributed billions of dollars to victims of the Sept. 11 terrorist attacks, cars with defective ignitions, the gulf oil spill and many other events. He is coming to Kansas City on Tuesday with the power to take billions away. Feinberg is on an assignment from the U.S. Treasury. His job is to weigh a controversial proposal to save the shaky Central States Pension Fund. The fund’s own plan would cut the pension checks of thousands of retirees, many by half or more, through they have been living on those checks for years. read


The new boom aid job: cultural mediator

A by-product of the dramatic rise in the number of migrants and refugees arriving in Europe is soaring demand for a relatively new kind of humanitarian professional: the cultural mediator. read


Just keep talking

In a world of pronounced political polarization, religious differences, economic inequity and cultural divergence, Carrie Menkel-Meadow holds onto something her father once told her: “As long as we keep talking, there’s hope.” Her lifelong commitment to the power of talk, mediation and active listening has earned the University of California, Irvine Chancellor’s Professor of law an honorary doctorate from the Katholieke Universiteit Leuven in Belgium, awarded Feb. 10. read


Consumer Protection Chief Decries Mandatory Arbitration Clauses

Mandatory arbitration clauses often are designed to prevent Americans from exercising their rights, warns the director of the Consumer Financial Protection Bureau. read


Mediator requested in Duluth diocese bankruptcy

The Diocese of Duluth and attorneys representing dozens of child sexual abuse victims have agreed to enter mediation talks ahead of a May deadline for filing claims, according to documents filed last week in U.S. Bankruptcy Court. read


Judge orders mediation in jail beating

A federal judge wants everyone involved in a lawsuit over the 2014 beating of a Knox County inmate to sit down and try to resolve their differences in lieu of a trial. U.S. District Court Judge Pamela Reeves put down the order for mediation Tuesday in Knoxville. read


$250K Settles Bikini Wax Case After Mediation

A woman who said she was injured and left permanently scarred during a bikini wax procedure at an Atlanta hair salon has settled her claims for $250,000 following a one-day mediation on Wednesday. read


Missoula Attempting to Use Mediation in Criminal Cases

Missoula County Attorney Kirsten Pabst says her office is pursuing the possibility of using mediation in criminal cases, a process that may have never been used in Montana. “The legislature authorized criminal mediation in 2007 after they realized what great cost savings it was and how it helped lessen that burden on the county court docket in the civil cases,” says Pabst. “I am not aware of anybody ever doing it around here and I know my predecessor wasn’t that interested in it. I think it’s a great tool.” read


Ireland: Department of Justice urged to explain failure to consider legal aid mediation

Justice department officials have been pressed to explain why it took an intervention from Northern Ireland's most senior judge to resolve the long-running row over legal aid. read


Judge orders mediation in Bozeman landfill lawsuits

A state judge has ordered mediation as part of three lawsuits filed against the city of Bozeman and others over the city’s closed Story Mill Landfill. “Each party shall have a person with ultimate settlement authority attend the mediation in person and participate in the mediation in good faith,” Salvagni ordered in each case. “Willful failure of a party to schedule, attend and/or participate in good faith in the mediation may result in the Court entering that party’s default.” read


Confronting Police with Mediation, Not Conflict

Last week it was announced that Baltimore residents would get the chance to confront police officers face to face that they’ve had beef with, in a formal, controlled context. Many who see the Baltimore City Police Department as an occupying force in poor communities of color, have waited for this opportunity for a long time. read


Long-running legal aid dispute resolved after mediation

A long-running dispute between lawyers and the justice minister which led to delays in more than 900 court cases was resolved last night. read


Amman, Jordan - New mediation law to allow for settling cases out of court

Jordan is in the process of adopting a new mediation law and establishing an independent mediation centre where the parties to a lawsuit can meet with a neutral third party in an effort to settle the case outside court, according to Justice Minister Bassam Talhouni. read


Feuding Tutus call a truce after mediation

A last-minute mediated truce between feuding members of retired archbishop Desmond Tutu's family has averted the prospect of dirty linen being aired in court. read


A guide to dealing with workplace bullying

More and more employers are using alternative dispute resolution procedures, including mediation for instances of bullying. Mediation is completely voluntary and the individuals must be given the choice of whether they want to participate. read


Economic Mediation in Cases Involving Domestic Violence: A Prickly Proposition

With the advent of economic mediation pilot programs involving cases including a history of domestic violence with final restraining orders in place, the appropriateness of and approach to such cases has become an issue of heightened importance. read


Overcoming Impasse at Mediation: Bargaining with Brackets

One of the most effective negotiation tools available to the mediator and the parties is a "bracket." A "bracket" is a conditional proposal in which a negotiator says: "We will go to X if you will go to Y." X and Y create a "bracket" between which the offering party proposes to limit negotiations. read


Should the mediator be evaluative?

No one wanted a mediator to impose his assessment of the merits like a judge descending momentarily from the bench. At the same time it was recognised that the reason why many mediators are chosen is because they are thought to already have knowledge and experience relevant to the topic in dispute and can therefore be respected and bring their experience and knowledge to bear on the discussion. read


A.C. amusement park battle heads to mediation

A lender and the owners of Atlantic City's Steel Pier are heading to mediation over the reported $1.5 million the amusement park proprietors owe for several loan defaults. read


Baltimore Residents Work to Heal Their City Through Police Mediation

Residents who file complaints against police for issues such as discourtesy will be invited to mediation sessions along with officers named in the complaint. The confidential sessions will be run by a trained third party mediator from Community Mediation Baltimore in a neutral space such as a church or conference room. read


Caesars proposes a mediator to speed up bankruptcy deal

The bankrupt operating unit of Caesars Entertainment Corp on Wednesday proposed mediation in its Chapter 11 case, potentially changing the course of the litigious, drawn-out bankruptcy proceedings. read


Tyga Says Kanye West Acted As A Mediator And Helped Him End His Feud With Drake

According to Tyga, Kanye kept it simple and placed both emcees in a room together for them to bury the hatchet read


Israel Requires Mediation for Divorce

A law has been passed in Israel that will come into force in July. It requires couples to try mediation before they can obtain their divorce through the courts. read


Syria Talks Are Declared Open as Mediator Begins Shuttle Diplomacy

Declaring the official beginning of the first Syria peace talks in two years, the United Nations mediator said Monday that they must show results to the country’s suffering civilians and he called on the outside powers that are helping drive the conflict to take steps to reduce the violence. The mediator, Staffan de Mistura, said his most important objective now was to keep both sides talking — even if they are not talking directly to each other. read


'Popularise mediation in dispute resolution'

Justice V. Gopala Gowda of the Supreme Court on Saturday emphasised the need for a collective endeavour to popularise mediation, a potent tool of Alternative Dispute Resolution (ADR) mechanism, with a thrust on rural areas to help the litigant public arrive at mutually agreeable settlement. read


Mediation: The Real Weapon for Peace

If there is one clear conclusion to draw, it is this: it is possible to prevent violent conflicts, yet most of the time we fail. This needs to change. We must recommit to mediation. read


Baltimore to launch mediation program for citizen complaints against police

Baltimore is planning to put police officers face-to-face with people who have filed complaints against them. Mediation sessions, meant to open up communication and improve police-community relations, could start within the next few weeks. Trained mediators are to run the sessions. read


Key habits of top mediators

Here are some of the key habits diligently and consistently employed by top mediators around the globe. read


Trudeau says Ottawa will be ‘responsible mediator’ in energy debate

Prime Minister Justin Trudeau says the new federal government wants to oversee a full and fair national debate over controversial energy issues such as pipelines and will act as a “responsible mediator.” read

January 2016

FINRA Arbitrations: Behind Claimant “Win” Statistics

FINRA reported that, for 2015, Claimants won about half of private securities arbitrations: 47% for all-public panel decisions; 45% for majority-public panels. A colleague and securities mediator recently studied FINRA’s 2015 private securities arbitrations to see just what the results are when Claimants “win.”   read


Ombudsman: Who she is and what she does

A new office at South Dakota State University will serve students, faculty and staff as a private place to discuss and resolve any university-related problems. The Office of the Ombuds is an independent problem-solving resource available to anyone with concerns or complaints against the university. Serving as SDSU’s first ombudsperson is Nicole Picconi. read


Overton Park Conservancy Agrees to Mediation

The Overton Park Conservancy (OPC) board agreed Wednesday to enter into a mediation process with the Memphis Zoological Society (MZS), as requested Tuesday by Memphis Mayor Jim Strickland. read


Mediation continues in Harbourside lawsuit vs. Jupiter

The lawsuit filed Jan. 5 by Harbourside Place against the town of Jupiter is going to mediation. If attorneys from both sides reach a settlement through mediation, a court trial would be avoided. read


Lawyers consider mediation in bid to resolve Northern Ireland legal aid dispute

Lawyers and the Department of Justice are to consider mediation in a bid to end the bitter pay dispute that has caused a huge backlog in criminal trials, it has emerged. read


Boston police aim to lower backlog of routine complaints

The Boston Police Department has launched a mediation program aimed at reducing a backlog of routine complaints against officers — an idea first suggested a decade ago. read