Mediation in Today's News

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March 2016
3/22

Mediator appointed in capital murder case

A Texas state district judge has been appointed to help work out the differences between the prosecution and the defense in connection with a Hunt County capital murder case. read

 

Farm debt mediation schism between Australia and New Zealand

With milk prices so low, many dairy farms are tipped to fail under their debt burdens. Mediation could give farmers a lifeline. read

 

Corporates becoming mediation 'connoisseurs'

Commercial clients are being increasingly strategic about their choice of dispute resolution methods. read

 

New scheme will subsidise cost of IP mediation disputes

Companies which opt for mediation in intellectual property disputes will soon be able to benefit from subsidies under a new scheme. The IP Mediation Promotion Scheme will fund up to $5,500 of the costs of each mediation case. read

 

Nevada Supreme Court Holds That Failure to Comply With Contract's Mediation Provision Bars a Suit on the Contract

In MB America, Inc., v. Alaska Pacific Leasing Company, the Nevada Supreme Court was presented with an appeal from an order granting a summary judgment in the defendant’s favor because the plaintiff had not first submitted the parties’ dispute to mediation as required by their contract. The Supreme Court affirmed the lower court’s decision and its award of attorney’s fees to the defendant. read

 

Mediation: A Potential Savior

How Condos and Co-ops Can Save Time, Money, and Face.

 

Mediation Can Accelerate Cleanup

Alternative dispute resolution should be actively promoted by the courts, environmental agencies and lawyers. read

 
3/14

SAVVY SENIOR: Elder mediation can help families resolve caregiving conflicts

Dear Savvy Senior, Are there any services that you know of that help families resolve caregiving conflicts? read

 

Forced arbitration clauses might be on the way out

If you have a credit card, you have been forced to kiss away your constitutional right to sue the card issuer. But it’s looking increasingly likely that this is about to change. read

 

Fijians can now seek mediation services

Fijians, who have been tangled in a dispute for a long time and had no means to take the matter to court, can now get justice by mediation services facilitated by the Fiji Mediation Centre. read

 

5 Insane But True Facts About High Conflict Divorce

1. High Conflict Divorce is expensive! Mediation is the least expensive option, at a typical cost of $6,600. Collaborative law costs average $19,723 while full-scale divorce litigation average, $77,746. read

 
3/08

Syria's peace talks need more women at the table

Sweden’s minister for foreign affairs is supporting women to participate in discussions to end the conflict in Syria. read

 

The business of peace in Africa

In Africa and the Middle East, political parties, rebel movements and even governments are run on a business model. Money can’t buy anything or anyone, but without cash flow and a sharp set of business skills, any political entrepreneur will quickly fall by the wayside. read

 

Peace Talks! Madonna Negotiating ‘Secret Settlement’ With Ex Guy Ritchie

Agreement reached in mediation.  Singer's estranged teen son to return to America for school year, spend summers and holidays in UK. read

 

Memphis Zoo and Overton Park to begin mediation today

the Memphis Zoo and Overton Park will begin mediation to find a long-term solution for parking in the area. The battle over parking has been ongoing. read

 

Mediation helps families solve conflict with elderly parents

Mediation can help siblings and relatives make sound decisions about how to care for an elderly family member because end-of-life care is a topic that many families do not discuss, says one expert. read

 

Theatre expertise helps court mediation

Theatre practitioners are experts in hearing and telling stories and that's exactly what courts need in mediation proceedings. read

 

Unreasonably refusing to engage in mediation: at what cost?

The court has the power to impose costs penalties on parties who refuse to mediate. The case of Halsey v Milton Keynes General NHS Trust provides a non-exhaustive list of considerations to determine whether or not a successful party acted reasonably in refusing to mediate. read

 
3/01

Pre-litigation mediation will save our courts

I envision a world where a person who feels wronged first calls a mediator, not a lawyer. The emotions and energies that typify the outset of a conflict can be brought to bear in its resolution, not in expanding the dispute. It is like working with steel: It is much easier to mold when molten ore than after it has cooled and hardened. read

 

A guide to settling Mine Safety and Health Administration cases through mediation

The most useful service a Commission mediator supplies is knowledgeable, third party insight into the case. Consider requesting a mediator when parties reach an impasse in settlement negotiations; it may save you the cost and aggravation of a hearing. read

 

Divorce mediator helped navigate new field for Oregon

After nearly 30 years, Deschutes County mediator David Hakenson is retiring after helping to birth and grow divorce mediation services in Oregon. read

 

Court Enforces Hand-Shake Deal in Mediation

Agreements reached during court-appointed mediation are just as binding as court-sanctioned settlements. For example, the parties in a recent patent-infringement suit ostensibly reached a settlement during mediation, only for one party to recant days later. Giving weight to the neutral-mediator’s view that a settlement had in fact been reached, the Court rejected the recanting party’s about-face and sanctioned it. read

 

Goa Law students organize flash mobs on Alternative Dispute Resolution

With the aim of creating awareness about the power of mediation, members of legal-aid cell of VM Salgaocar College of Law, Panaji held flash mobs at around 24 venues in North Goa to spread the word of alternate dispute resolution. read

 

Mediation breaks the cycle of early death and homelessness

“We have come a long way, but more needs to be done, by working together we can change the culture of Scotland and normalise mediation as a tool to resolve conflict - before another young person becomes a statistic, or dies prematurely.” read

 

Dartmouth agrees to mediation with couple whose well water was contaminated by animal cemetery

A couple whose well-water has been contaminated by a nearby animal cemetery owned by Dartmouth College hopes to sit down soon with the college’s lawyers for a mediation session. A chemical from the former animal burial ground used by Dartmouth College Medical School has seeped into the private well. read

 

BigLaw lawyers sanctioned for advising Shaquille O'Neal he didn't need to attend mediation in person

A federal judge in Fort Lauderdale has sanctioned two BigLaw lawyers for advising their client, Shaquille O’Neal, that he didn’t need to personally attend a mediation session. U.S. District Judge James Cohn ordered (PDF) the lawyers to pay $13,000 to cover mediation costs for the plaintiff who sued O’Neal for allegedly ridiculing his looks. read

 
February 2016
2/24

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

 
2/22

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

 
2/19

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

 
2/18

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

 
2/15

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

 
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