Mediation in Today's News

September 2015

  • California Supreme Court says 'yes' to arbitration clause

    A recent California Supreme Court case upheld an arbitration provision in a sales agreement, even though it contained a class action waiver and multiple arguable terms. However, the court also reaffirmed that "unconscionability," meaning a contract provision is substantially unfair, is still valid grounds to challenge an arbitration clause. read

  • Resolving public record disputes in Ohio

    Our mediation program assists (1) those who believe their request for records was improperly denied or was not responded to in a reasonable amount of time; and (2) local public officials who struggle with requests they see as ambiguous, overly broad, or difficult to fill. Anyone who has requested public records from a local public office, or a public office that has received a public records request, can apply for mediation so long as the requester hasn’t already filed a lawsuit. read

  • Frank Ochoa: Case for Alternative Dispute Resolution Often More Beneficial Than Lawsuit Route

    Mediation is a process with deep historical roots, but with a fairly recent formal acceptance into our society’s dispute resolution processes. It is the least adversarial form of ADR. A neutral is engaged to work with the parties, to identify the issues underlying the dispute, to manage the dialogue between the disputants, and to help them arrive at a mutually agreeable resolution to the dispute. read

  • Christchurch's wheelie bin dispute resolved

    An industrial dispute involving Christchurch's wheelie bin collection drivers is over. A number of wheelie bins were left uncollected for 24 hours last week when drivers refused to work overtime and clocked off at 2pm, leaving many bins unemptied. The drivers were upset about low wages and a lack of penalty rates for working more than eight hours a day. Waste Management and the Amalgamated Workers Union agreed to a resolution following seven hours of mediation. read

  • Why Mediation Helps Relationships

    When conflict escalates, it can wreak havoc on personal and professional relationships, leaving more problems in its wake. Mediation can help. Mediation offers a way to work together on a solution that is mutually fair and sustainable. It helps you develop the skills necessary for maintaining healthy relationships at home, at work and elsewhere. read

  • An Enlightening Outdoor Mediation in Pennsylvania

    Every once in a while something happens in the law so marvelous and entertaining that the first glass of wine at home in the evening is even more satisfying. That was my feeling after what may have been the first outdoor mediation in Pennsylvania's long and illustrious history. read

  • Jones-Drew civil case settled by mediation

    Scheduled for a jury trial last week in St. Johns County, the civil case involving former Jacksonville Jaguars star running back Maurice Jones-Drew was settled instead. Jones-Drew was sued by former Conch House security guard Kasim Howard after an incident in which Howard was punched in the face. read

  • Mediation set for activist, Chattanooga police officer in Facebook squabble

    A Chattanooga police officer and a local activist who got into a public squabble on Facebook late last year will sit down at the same table and talk things through. According to police records, that's part of the officer's discipline. read

  • Judge orders Utah GOP, state to find mediator in SB54 lawsuit

    Wanted: Unbiased person with legislative, political and legal knowledge to referee the dispute over how Utahns choose candidates for primary elections. A federal judge Tuesday ordered the Utah Republican Party, the Utah Constitution Party and the state to come up with a mediator in their ongoing lawsuit, and to do it quickly. read

  • BC Supreme Court refuses exemption from mediation for Aboriginal fishing rights claim

    The Supreme Court of British Columbia recently released a decision in Matsqui First Nation v. Canada (Attorney General), 2015 BCSC 1409, that has application to the resolution of Aboriginal rights claims, as well as the mediation of civil claims generally, before the Supreme Court of British Columbia. It confirms the very high threshold to be met in seeking an exemption from attendance at a mandatory mediation on the basis that it would be “materially impracticable or unfair to require the party to attend”. read

  • Energy Future Holdings – another major success for chapter 11 mediation?

    Mediation has become an invaluable tool in large chapter 11 cases. Traditionally viewed as a means for resolving discrete disputes between a debtor’s estate and an adversary party, in recent years mediation in certain complex cases has evolved into a multi-party undertaking involving claimants from all levels of a debtor’s capital structure, with the ambitious goal of resolving the entire case through a consensual plan of reorganization. read

  • Settlement reached between Great Planes Airlines and BOK after mediation

    A $15.69 million dispute stemming from a loan to Great Plains Airlines between the Bank of Oklahoma and the city’s airport was settled Monday for about 10 cents on the dollar after nearly nine hours of mediation at the Tulsa Hyatt Regency Hotel. read

  • Zuma tries mediation to stem job losses

    Johannesburg - President Jacob Zuma yesterday met mining houses and organised labour to limit plans to shed thousands of jobs. However, analysts cast doubt on the impact of the meeting on limiting retrenchments, given the sector’s substantial challenges. read

  • Shanghai Launches First Online Mediation Court for Civil Cases

    The first online mediation court was launched in a district court in Shanghai on Sept. 8 to hear cases involving mostly foreign litigants who cannot appear personally in court. read

  • California Moves Toward Ban On Mandatory Arbitration of Labor Claims

    On August 31, the California Legislature passed AB 465, aiming to “ensure that a contract to waive any of the rights, penalties, remedies, forums, or procedures under the Labor Code”—such as an arbitration agreement—is “a matter of voluntary consent.” This bill, now before Governor Brown for his approval, raises two big questions: (1) will the Governor sign the bill, and, if he does, (2) to what extent would the new law be enforceable? read

  • IRS Eliminates Appeals Arbitration Program

    The Internal Revenue Service has gotten rid of a rarely used program that was supposed to allow taxpayers to expedite the appeals process. The IRS issued Revenue Procedure 2015-44 on Tuesday, announcing the elimination of the Appeals arbitration program. The new revenue procedure obsoletes an earlier revenue procedure that formally established the Appeals arbitration program. read

  • Mediation 2015: Trends

    The cost of litigation, from discovery to judgment, generally continues to rise in recognised centres of excellence such as the US, UK and Germany, meaning that clients are more concerned than ever with dispute avoidance or resolution at the lowest possible price. In this commercial environment, and given that the cost of arbitration also continues to rise, contributors to our research have highlighted the opportunity to further mediation’s reputation as a user-friendly, cost-effective and flexible form of dispute resolution that cannot only resolve disputes amicably and confidentially but facilitate stronger working relationships between commercial parties. read

  • Krier calls for mediation about Lucky’s sad plight

    Lucky, a 55-year-old female elephant last year at the San Antonio Zoo, has lived alone for more than two years. Elephants are highly social animals. Still, zoo officials do not want to move her. Could mediation be a way to improve Lucky’s life? That’s the hope of City Councilman Joe Krier, who has called on the San Antonio Zoo and Animal Legal Defense Fund to head to mediation about Lucky’s inadequate living conditions. read

  • Mediation Program Saves Kane County Homes From Foreclosure: Study Finds AG-Funded Programs Are Effective

    Established in 2014, the Kane County (IL) Mandatory Residential Foreclosure Mediation Program served 366 homeowners in its first year. The program, administered by Chicago-based Resolution Systems Institute ("RSI") through funding from the Illinois Office of the Attorney General and support from the Kane County Board, was established to assist homeowners struggling to navigate the court system with a fair and efficient process for resolving what happens to their homes. A recently completed evaluation found that the IL mediation programs are meeting this goal. read

  • Mediation 2015: Roundtable

    Who’s Who Legal brings together three leading experts to discuss issues facing lawyers today. read

  • A New York Convention for mediation may be coming soon

    In July 2014, during a session of UNCITRAL that took place in New York, a Proposal to undertake work on the preparation of a convention on the enforceability of international commercial settlement agreements reached through mediation/conciliation was put forward to UNCITRAL by the government of the United States of America. If the Convention is created and taken up, it will create a strong international legal framework for mediation. read

  • Dayton Police: Mediation to Help Resolve 'Eye Contact' Traffic Stop

    Police officials say they are using mediation to help work through the issue of a contentious traffic stop that was recorded on cellphone video. A statement from the city of Dayton said a Dayton police officer, who they didn't identify, pulled John Felton of Michigan over Aug. 15, 2015, for failing to signaling within 100 feet of a turn. "During the stop the Officer additionally acknowledged that Mr. Felton made sustained direct eye contact prior to being stopped," the city's statement reads. "The traffic infraction was verified by the video; however making direct eye contact with an officer is not a basis for a traffic stop." read

  • Enforcing Prelitigation Mediation Clauses in State Court

    When a dispute arises, parties to a contract generally look for ways to stay out of court if they can. Including a clause requiring mediation before litigation is one way to accomplish that goal. This kind of clause can make good business sense: after all, being warned of a dispute and having the chance to try and resolve it in mediation is usually preferable to being served with a summons and a copy of a complaint. Plus, a successful mediation is faster and cheaper than litigation and often more private. But what happens if a party fails to honor a prelawsuit mediation requirement and instead runs directly to court? read

August 2015

  • Florida, Seminole Tribe headed to mediation over casino agreement

    The state and the Seminole Tribe are headed into mediation — shepherded by a lawyer whose past clients include Mick Jagger and Leona Helmsley — to resolve a possible standoff over the future of blackjack and other banked card games at most of the tribe’s Florida casinos. The tribe formally requested mediation last month after negotiations over the card games — part of a $1 billion, five-year deal — stalled this spring. read

  • Pet Custody Issues Become Increasingly Prevalent After Break-Ups

    More and more couples getting divorced are battling over their pets. One woman in Charlottesville spent years in mediation working out a deal on how to split time with their little beagle mix. According to a survey, 22 percent of attorneys say they're seeing more courts allow pet custody cases and 20 percent say more courts are considering pets an asset during divorce cases. read

  • Whistleblower Cases are Custom Tailored for ADR

    Various state and federal statutes exist to protect and compensate employees whose employers retaliate against them after they disclose certain fraudulent practices to the employers or government agencies. These are known as Whistleblower statutes. Employment claims under Whistleblower statutes are a complex and growing area of the law. Whistleblower actions typically involve highly sensitive information and serious allegations that companies would prefer to keep out of the public view. Therefore, ADR is ideally designed to address Whistleblower actions. read

  • Mediation ahead for Miami and Innovation Tower developer

    The developer planning a polarizing billboard and observation tower in Miami will look to a mediator to persuade city planners to process stalled permit applications for large digital signs that would flash over Interstate 395 and the downtown skyline. read

  • Reseacher reveals the power of a single word in mediation

    The outcome of a conversation between a mediator and a potential client can reverse completely if mediators make the tiniest tweak in their language, according to a British psychologist. Conversation analyst Elizabeth Stokoe’s research suggests that changing a single word during a conversation can dramatically increase the chances of a potential client agreeing to try mediation. Video read

  • Consider the value of mediation in settling legal disputes

    It took some time for me to appreciate the value of mediation as a tool for resolving legal disputes. read

  • Mediation scheduled in Redskins trademark lawsuit

    An initial mediation conference between the NFL and Native Americans has been scheduled in the trademark federal lawsuit. The Appeals Court is setting up the first mediation between the parties. The Circuit Mediator will initiate the call. The mediation will be by telephone at 9:30 a.m. on September 10. The courts says the purpose of this discussion is not to decide the case or reach conclusions about the issues, but to understand what the issues are and to evaluate the risks on appeal. read

  • Between Scylla and Charybids: the mediation privilege and legal malpractice claims

    I attended a mediation earlier this month in a real estate case. I won’t say more through because . . . well . . . it’s confidential. The confidentiality of mediations and of settlement discussions generally – the idea being that parties are more likely to resolve their differences if they can speak honestly and frankly with one another without fear that their words or actions can later be used against them in trial – has long been a hallmark of California law. But that may not be the case for long. read

  • Arbitration Agreement Does Not Relieve Company of Need to Respond to Lawsuit

    An arbitration agreement can be a valuable tool for businesses. It provides certainty regarding the method of dispute resolution. Compared to litigation, arbitration may be less expensive and generally leads to a quicker resolution. But those benefits are of no use if the dispute ends up in litigation instead of arbitration, despite the arbitration agreement. read

  • Mediation can help with fallout from failed marriages

    Even as we strive to ensure that the child's interests are met, we must not forget that the divorcing couple themselves require much support as they move on and get past the hurt of a broken marriage. read

  • Drafting Consumer Arbitration Clauses for Electronic Agreements

    Notwithstanding the Supreme Court's broad holdings on the scope of the FAA's protection of arbitration clauses, careful drafting and implementation remain important to maximize the enforceability of arbitration clauses, particularly in e-commerce consumer agreements. read

  • Canadian Experts weigh in on how to deal with neighbour disputes

    Throughout the Canada, municipalities are regularly pressured to intervene when residents file complaints about noise disrupting their peace and quiet. In Ottawa, officers say a complete of 6,152 noise-related complaints have been filed to the town between the start of the yr and Aug. 11, with slightly below half associated to loud music and about 1,500 loud shouting. read

  • Q&A: Edd McDevitt, mediator

    In an interview with The State Journal, Edd McDevitt, who has been involved in alternative dispute resolution for over 40 years, discussed what mediation entails and why it is a viable legal option. read

  • Guardianship Mediation Pilot Launches in Nassau

    The Nassau County Bar Association has launched a pilot program allowing parties in guardianship disputes to enter mediation, with mediators provided by the bar and an investment advisory firm. Through the pilot program, 20 court-referred cases will receive up to four free hours of mediation. If the parties do not reach a resolution during the four hours, they will have the option of paying for additional mediation for $300 per hour, which is the bar association's standard rate. read

  • Seismic change in mediator’s role

    Working to resolve issues in wake of the New Zealand disaster suggests a wider role for mediation in face of natural disasters, says John Sturrock.

  • UK: Mediation rates ‘increasing’ amongst divorced couples

    There has been a surge in the number of divorcing couples turning to mediation, a national organisation has claimed. National Family Mediation (NFM), based in Exeter, reports that it received an average of 3,400 calls per month enquiring about the option over the first six months of this year, more than twice the monthly average of 1,600 calls during the same period last year. read

  • How Divorce Mediation Can Help Cope with Divorce Related Trauma

    Divorce mediation is not designed to reconcile a couple. Rather, the formal and guided structure of the divorce mediation process is built around the idea that separating from the life one has built with the spouse should be as painless and reasonable as possible. The family has probably already had enough emotional trauma and pain. The mediation process is a caring and healing environment in which both spouses can make the right decisions to protect the financial assets, children and each other from further trauma. read

  • Shahran Spears, EEOC, DeKalb School District 428 in mediation process

    A former Brooks Elementary School principal, who was fired for using school district funds to buy religious books as gifts for staff members, is in the process of scheduling legal mediation with DeKalb School District 428, her attorney said. read

  • Gonzales seeks more time for MorningStar negotiations

    Mayor Javier Gonzales touched off a firestorm Friday when he announced on the airwaves that adversaries had agreed to mediation on a controversial proposal to build a large assisted living center on Old Pecos Trail. In fact, no such deal has been reached. The Southeast Neighborhood Association and the company, Colorado-based MorningStar Senior Living, have only agreed to continue discussions as to the terms and conditions for a possible mediation. read

  • What Mediation and Marathon Running Have in Common

    I like mediating. I also like running marathons. What this says about my sanity is a question for another day, but the more I do both the more similarities I identify between the two disciplines. read

  • Egypt rejects Qatari mediation to reconcile with Brotherhood

     Egypt has rejected Qatari mediation to reconcile with the Muslim Brotherhood and considered statements of the Qatari foreign minister on the matter as an “unacceptable interference in Egyptian internal affairs.” read

  • Charleston residents, preservationists seek a say at Jasper mediation

    Many residents of the Charlestowne Neighborhood also see the company’s request for mediation as an attempt to cut the public out of the process, said Jay Williams, who chairs the neighborhood’s Sergeant Jasper Committee. “Without us, and three other organizations who also filed to intervene, this could end up being the ultimate ‘back-room deal,’ ” Williams said. read

  • Mediation called to resolve disputed costs at Vikings stadium

    The question of who will pay for about $15 million in disputed construction costs for the U.S. Bank Stadium is headed to mediation. The Minnesota Sports Facilities Authority, which is overseeing the construction of the $1.1 billion Vikings stadium on behalf of the public, said M.A. Mortenson Co. has made a formal application for mediation over $15 million in disputed costs. The Minneapolis-based contractor also filed for a right to proceed with arbitration if the mediation fails. read

  • South Africa street mediation will 'build bridges and bring peace to communities'

    Soon a whole street there will be dedicated to resolving disputes through mediation instead of going to court. Fifteen women will undergo specialized training before being registered as mediators and transforming their homes into “conflict resolutions and legal education spaces’’.The initiative is being run by The African School of Mediation‚ which will start training on Woman’s Day. read

  • Rhode Island General Assembly Clarifies Intent of Foreclosure Mediation Law

    In what can only be perceived as a response to a recent Superior Court decision, the Rhode Island General Assembly amended the applicability of the Foreclosure Mediation Law, R.I. Gen. Laws § 34-27-3.2, for the third time in as many years. read

  • Justices Uphold Consumer Arbitration Clause

    Ruling in a closely watched case, the California Supreme Court made clear Monday that consumers trying to escape arbitration agreements must do more than show the contract favored the other side. A six-justice majority reversed the Second District Court of Appeal, which ruled in 2011 that an arbitration agreement in a sales contract for a used Mercedes-Benz could not be enforced because it favored the car dealer. However, the court stopped short of adopting a new, possibly more rigorous, standard for proving unconscionability. Writing for the majority in Sanchez v. Valencia Holding, Justice Goodwin Liu said not all one-sided contract provisions can be struck down.  read

  • Borough of Ramsey, contractor mediating dispute over pool

    RAMSEY - The borough is moving into mediation to seek to resolve a dispute with a Pennsylvania swimming pool contractor, which is claiming the borough owes it $40,500 for work done on the municipal pool. The $2 million in renovations were supposed to be done by May 2, 2014, but because of construction delays the pool didn't open until mid-June last year. The borough says it is withholding the $40,500 for late fees stipulated in the contract.  read

  • Construction Disputes Fall in Value, Grow in Length

    A global design, engineering, and consultancy firm has released a report stating disputes relating to major construction projects in North America decreased in value while the length of time to resolve conflict increased significantly last year. read

  • Controversy dogs family med-arb

    While mediation-arbitration in the family law context is a fairly recent phenomenon, there’s been a growing controversy around its use. The thrust of the concern is that mediators, who are privy to a lot of sensitive information during the settlement phase of proceedings, should not later become arbitrators of the same case. read

8/03 July 2015

  • What every contractor needs to know about mediation

    A generation ago, mediation of construction disputes was unusual. Today, it is rare that a construction claim goes to trial without some effort at mediation first. Indeed, a substantial percentage of construction contracts require mediation as a precondition to filing suit or demanded arbitration. Still, as pervasive as mediation has become, misperceptions about mediation persist among the contractor population generally. What does a mediator decide? Who controls the proceedings? Is there such a thing as binding mediation? How confidential is confidential during and after a mediation? read

  • Leonardo DiCaprio Receives Monaco Medal of Mediation 2015

    Leonardo DiCaprio may be living it up in the South of France, but his time overseas hasn't been only about partying with friends and yachting with his girlfriend, Kelly Rohrbach. On July 22, he hosted his annual Leonardo DiCaprio Foundation Gala, which raised $40 million for environmental preservation and protection. But before that, he was honored by Prince Albert II of Monaco. The royal presented Leo with the Prince Albert I Medal For Mediation, which is given each year by Prince Albert of Monaco's Oceanographic Institute Foundation to "honor those who through their passion and courage, help to know, to love and protect the oceans." read

  • Mediation may provide solution to law suit between Tulsa Airports Improvement Trust and BOK

    Mediation could settle a $15.69 million lawsuit against the Tulsa Airports Improvement Trust by the Bank of Oklahoma. The suit arises from a loan made in 2000 as part of an ill-fated city effort to have a Tulsa-based airline. read

  • Mediation, deliberation at issue in Amherst

    It’s a war of words among Amherst-Pelham Regional School Committee members, who will meet Monday about two deliberation-based complaints. The first is a dispute about whether an email sent to the entire board from member Katherine Appy constituted deliberation, thereby violating the state’s Open Meeting Law. The second is what sparked the email — Appy’s assertion that committee Chairman Trevor Baptiste planned to participate in mediation with the Amherst NAACP without discussion and approval from the full committee. read

  • Mediation Perspectives: Where Do Norms Come In?

    After months of seemingly endless negotiations in a country that has seen years of conflict, the moment has finally come to sign a peace agreement. Exhausted, the mediator is preparing herself for the ceremony, which will take place in a few hours. But before she gets ready to leave, a representative of an international organization enters the mediation office, with a glum expression on his face. “Your text is not nearly as gender-sensitive as we would have liked; you omitted several of our clauses. We counted on you and you failed to put them into the agreement. You have to change it, or we will not endorse the agreement!” read

  • Dispute over Catholic dorm in KC heads to mediation

    The bitter dispute over a Catholic dorm for college students in Kansas City isn’t over. The Catholic Diocese wants to build a dormitory near the University of Missouri-Kansas City and Rockhurst University. Many people who live in the area of the proposed project, including members of a nearby Catholic church, said the project is too big. They’re going to a mediator, but some of the neighbors said they’re not optimistic about the outcome. read

  • Mediation center director, hailed for building community partnerships, announces retirement

    Known among county officials and coworkers for her giving attitude, penchant for building partnerships with community organizations and engaging, patient personality, executive director of the Community Mediation Center of Calvert County Susan Rork has announced her retirement. “It is difficult to express the tremendous gratitude we have for someone who has contributed so much to making our community stronger and healthier,” chair of the CMCC Board of Directors Vicki Rhoades wrote in a letter to The Calvert Recorder. “… With Susan’s support and guidance, volunteers have touched literally thousands of lives in these past years, supporting our neighbors as they reached clarity and made informed decisions about how to move forward.” read

  • Judge sends councilman Akhtaruzzaman's harassment case for mediation

    A Clifton NJ judge sent a harassment case involving 2nd Ward councilman Mohammed Akhtaruzzaman for mediation on Monday evening. Municipal judge John Meola sent the case that involves charges and counter charges stemming from a landlord-tenant dispute on Edmund Avenue in April to mediation. read

  • Mediation ruled first step in cyber coverage case

    Policyholders scored a victory in a closely-watched cyber coverage case, in which a U.S federal court in Los Angeles dismissed a case filed by an insurer seeking to deny coverage. In his ruling Judge Dean D. Pregerson said under terms of its policy, Columbia Casualty should have pursed alternative dispute resolution first, before filing suit against Cottage. read

  • Germany and Greece need a mediator

    Germans cannot regain their cool until they reduce the outrage they feel towards Greece, which they perceive as the guilty partner in their eurozone marriage. To do this, both nations must engage an impartial, outside mediator to help them mitigate the outrage they feel towards each other. In a structured, therapy-like setting, relevant policymakers from both sides would then finally be able to sit together and create a shared vision to wrest Greece from its economic depression.  read

  • Deal Will Keep 'Spruce Goose' In Oregon

    The Evergreen Aviation & Space Museum will officially own Howard Hughes’ “flying boat” in about five weeks. The plane, known as the Spruce Goose, has been under a long-term payment plan since 1992. The McMinnville museum purchased the plane from the California Aero Club. John Rasmussen with the Evergreen Aviation Museum said negotiations over the final payments for the plane, however, were only recently resolved. “There was a final payment that was due and the language in the contract to figure out what that payment was, was a little bit vague,” Rasmussen said. “So, through mediation we were able to come to a mutual agreement that both of us liked, and so that’s why it is now finalized. “ read

  • Aaron Paul Wants to Resolve the Nicki Minaj and Taylor Swift Disagreement...with Coffee, Pancakes

    Should Nicki Minaj’s disagreement with Taylor Swift swell into something much nastier, the pair can call on mediation from an unlikely corner. Aaron Paul, the award-winning actor best known for his Jesse Pinkman character from Breaking Bad, has offered to help the pair through their issues. Over breakfast perhaps. read

  • Mediation held with SA council executive who resigned over rainbow flag

    Mediation is underway between a South Australian council and its chief executive officer after he resigned in protest against the council raising a rainbow flag during an Adelaide gay and lesbian festival. read

  • Why people have to go to mediation

    Phoenix business law firm Jaburg Wilk partner Tom Morning addresses why people have to go to mediation. He also talks about what mediation is and what the advantages are. For more information visit read

  • CMS considered prohibiting binding arbitration entirely, seeks comments

    Facilities that present binding arbitration agreements to residents must ensure the residents fully understand the agreement, according to a proposed rule from the Centers for Medicare & Medicaid Services. The rule, which was included in last week's proposed nursing home regulation overhaul, would require arbitration sessions to be conducted by a neutral arbitrator, and that residents fully understand the agreement and agree to it voluntarily. Admission to a nursing home or long-term care facility could not be contingent on the resident or their representatives signing an arbitration agreement, the proposal states. read

  • Mediation can lower a big bill from the emergency room

    The next time you receive a bill from a hospital emergency room in Texas, think twice. If you have insurance, you likely don’t need to pay it. But you do need to contact the Texas Department of Insurance and request mediation to resolve the issue. read

  • Testimonials Section is now celebrating our 20th Anniversary! Here are a number of our testimonials from over the years. Our goal from the beginning has been to actively share mediation news, articles and information and to assist mediators and mediation organizations to be as capable as possible online. read

  • Man slain in apartment parking lot remembered as a mediator

    Nathan Tonolini lived so he could give to others. He drove to New Orleans after Hurricane Katrina to rebuild homes and, more recently, taught the Bible to deaf members of his church. But in interviews and on Facebook this week, Tonolini’s friends and relatives struggled to talk about his qualities in the past tense. “He was the guy who, if there was an altercation, he’d console both parties and make them hug it out,” said Jeremy McKane, who had known Tonolini for 10 years. read

  • The power of an open mind in mediation

    People embroiled in conflict express themselves in many different ways; some contain themselves in steely silence, others let rip with verbal tirades. But there is one behaviour that is close to universal and may be the one thing that most exacerbates and prolongs the suffering of conflict. By the same token, if it could be reversed, conflicts would find a faster and happier resolution. So what can the HR professional do to help bring this about? read

  • With Thousands of Foreclosures Pending, State Extends Mediation Program

    As the economy worsened in 2008, foreclosures skyrocketed in Connecticut and elsewhere. In an effort to prevent clogged court dockets—and to keep homeowners in their homes—Connecticut launched the country's first foreclosure mediation program. Fast-forward a half-dozen years. Despite an overall better economy, the number of new foreclosure filings in Connecticut still topped 16,000 in 2014, leading the legislature to extend the mediation program for another three years, through June 30, 2019. It had been due to expire in June 2016. read

  • If You Reach A Settlement At Mediation, And Say The Settlement Will Be The Subject Of A Forthcoming Formal Agreement, Do You Have A Binding Deal?

    You have most likely walked out of a mediated settlement conference at which the shorthand version of the settlement put to paper by the lawyers and the mediator stated that there would be a later, more detailed agreement. And maybe, the next day, as work began on the "more formal agreement to be prepared later," you and your opposing counsel putting the more detailed pen to paper sank into disagreement on the words which should be used to finalize the settlement. So, did you have a final and binding deal or not based on the document signed at the mediation? read

  • Connecticut Workers' Comp Commission Unveils New Mediation Program

    The Connecticut Workers’ Compensation Commission (WCC) on July 1 launched a new program providing mediation opportunities for possible settlement of contested cases. Under the program, parties in a litigated matter may request the services of a commissioner to help mediate a resolution prior to trial. In all, 10 commissioners have agreed to serve in this capacity. read

  • State's new drainage mediation will cost landowners $200 - Rapid City Journal

    Participation in South Dakota’s new program for water drainage disputes is voluntary for landowners, but the mediation work won’t be free. The filing fee to request mediation is proposed at $200 for the initiating landowner. If the non-requesting side agrees to use mediation, the initial fee is also proposed to be $200. Any other party that wants to intervene would also pay $200 under the plan. If mediation occurs, the participating parties would split the mediator’s hourly costs, up to a maximum of $200 per hour, per party. The mediators would need to first complete a 32-hour training course offered through the state Department of Agriculture, but experienced mediators can request a waiver. read

  • Authorities to Use Ancient Mediation Technique on Mauna Kea Protesters

    Local authorities are considering a more traditional form of mediation to persuade protesters gathered at the Mauna Kea visitors center, in Hawaii, to stop a 104-day protest against the construction of the Thirty Meter Telescope on the summit of the dormant volcano. Three attorneys requested from a court that negotiations with protesters should involve hooponopono rather than a lawsuit. Hooponopono is a purely Hawaiian type of mediation based on prayer and discussion used mostly by families when they try to settle differences. read

  • is most visited mediation website, by far!

    Alexa website ranking service has as the most visted mediation website in the world, by a mile. has more than 10-fold the traffic of any other mediation website.  See the graph. read

  • Mediation between Hamas and jihadists in Gaza

    A member of the "Salafi Jihadists" claimed on Tuesday that he is part of a mediation initiative between Hamas and the jihadists in Gaza, revealing efforts to end the current tension between the two sides, Felesteen newspaper has reported. "We are conducting meetings with Hamas in Gaza in order to get an agreement that ends tension and differences," Issam Saleh told a press conference in the enclave. "We called for the two sides to impose the Sharia and to be reasonable to solve all the problems. We seek to reach an agreement that includes cooperation regarding jihad issues, training and all other common issues regarding the confrontation with the Zionist enemy." read

  • Mediation moderates stress, resolves conflict in WNC

    No conflict is too trivial to bring to mediation, says Laura Jeffords, director of the nonprofit Mediation Center. What's more, community mediation services are free. Jeffords says: “The three values we lean on as mediators are non-judgment, neutrality and self-determination. Self-determination is the underpinning of mediation. The mediators are there to provide a space for the clients to decide what they want to do.” read

  • The New Brazilian Mediation Law

    Law N. 13,140 (known as the Brazilian Mediation Law) was enacted on June 29, 2015. It provides for mediation involving individuals and private entities, as well as the settlement of disputes involving public entities. The new law, which comes into effect in 180 days, regulates extrajudicial and judicial mediation. read

  • Choosing Mediation: Reasons Beyond Time and Money

    Many lawyers consider mediation a better option than going to court to settle a dispute. And although most will cite arguments about cost, time and privacy, what are the other benefits of using alternative dispute resolution? Christopher Hill has seen it from both sides, as a construction attorney and a certified mediator, and offers some thoughts on why mediation is the way to go. read

  • Defendants Ask for Traditional Hawaiian Mediation Instead of Trial

    Instead of a trial, most of the people arrested in April for blocking construction of a giant mountaintop telescope will likely participate in a Hawaiian culture-based form of mediation. Three defendants in the case filed a motion asking for a hooponopono as an alternative to a trial. Hawaii County Prosecuting Attorney Mitch Roth says his office supports the motion. He met with a group of defendants Monday night to discuss how the unique process may be used in a criminal case that is rooted in protesters' belief that they are protecting Mauna Kea from desecration. read

  • Farm debt mediation back in spotlight

    The Government should support New Zealand First's Agricultural Debt Mediation Bill to discourage banks from forcing indebted farms into receivership, a farm debt mediator says. read

June 2015

  • Ben Affleck and Jennifer Garner to ‘seek mediation’ after ending their 10-year marriage

    Ben Affleck and Jennifer Garner are getting divorced after 10 years. A source close to the couple told People that they intend to ‘seek mediation’ to work through this tough time. read

  • FMCS Mediators Assist Energy Department and Industry Groups Establish Groundbreaking Energy Savings Standards

    In what has been hailed as the biggest energy-saving standards rulemaking in Department of Energy history, the Federal Mediation and Conciliation Service (FMCS) assisted industry, government and advocacy groups to achieve major new consensus energy standards for commercial heating and air conditioning equipment. These standards could save nearly 15 quadrillion BTUs (quads) of energy over 30 years and reduce energy consumption and costs by billions of dollars over the lifespan of the equipment. read

  • Middle East construction disputes almost double

    Construction disputes in the Middle East region grew to their highest value since 2011, growing to $76.7 million last year. Arcadis building consultancy, in its report ‘Global Construction Disputes: The Higher the Stakes, the Bigger the Risk’, says the value of disputes rose almost doubled the previous year’s total of $40.9 million in 2013 (increase of 88 percent). read

  • Strip Club to Pay Dancers $6 Million in Mediated Class Action Settlement

    The owners of one of South Florida's most popular strip clubs have agreed to settle a big-time class-action lawsuit filed by former dancers over pay. The parent company that's behind Scarlett's Cabaret in Hallandale Beach as well as two other clubs agreed to fork over $6 million. That means more than 4,700 current and former dancers might be entitled to a payout. read

  • Pender school board to seek budget mediation

    The Pender County Board of Education approved a resolution that will — probably Monday, but no later than Tuesday — bring the school board and the county commissioners into mediation. read

  • Seminoles seek mediation in stalemate over blackjack

    The Seminole Tribe of Florida on Wednesday asked Gov. Rick Scott to enter into “dispute resolution” after failing to ink a deal with the state to keep blackjack at its casinos. In a letter sent to Scott and legislative leaders, tribal chairman James Billie also said the Seminoles may have grounds to keep offering card games and not pay the state millions of dollars each year. read

  • Runners Without Borders Brings Jewish And Arab Teens Together

    A group of teens in Jerusalem is making strides toward interfaith understanding. Runners Without Borders brings young people from Jewish and Arab homes together for spirited runs on one of the most hotly contested pieces of real estate in the world. read

  • 'Taj on Swan': Mediation could determine future of unfinished Perth mansion

    Onsite mediation between lawyers for Radhika Oswal and the Peppermint Grove shire has been ordered to take place at the unfinished mansion dubbed the “Taj on Swan”. In a directions hearing at the State Administrative Tribunal on Tuesday, senior member Maurice Spillane set a September 1 date for a mediation between the two parties — including an onsite inspection of the property. Radhika Oswal’s lawyers are appealing the demolition order that was issued by the council for the building in April. read

  • Mediated Agreement: Sweet Briar College to remain open; alumnae make $12 million commitment

    Attorney General Mark Herring revealed late Saturday a plan that would keep Sweet Briar College open had been agreed upon by officials from the college, an attorney for Amherst County and the group fighting to keep the all-women’s private college from closing. Herring said the agreement was reached after “hundreds of hours of mediation and discussion among all parties.” read

  • What is Divorce Arbitration?

    Divorce arbitration occupies a unique position in the growing field of alternate dispute resolution. Let’s start by stating what it is not. It is not mediation where divorcing parties meet with a trained person who will hopefully assist them in achieving a settlement through a process of discussion, negotiation and compromise. Quite simply, some cases call for more than mediation can provide, especially if the parties are less than trustful of each other and a more firm, formal approach is appropriate. read

  • Should Ed Sheeran mediate for the U.N.?

    If Ed Sheeran ever tires of being a pop music star, perhaps he should consider working as a mediator for the United Nations. So far this year, the 24-year-old English singer-songwriter has won over two of his most outspoken detractors, former Oasis leader Noel Gallagher and Isle of Wight festival producer John Giddings. Championed by Taylor Swift and Jamie Foxx, the English singer-songwriter has managed to extend olive branch to such past critics as Oasis veteran Noel Gallagher. read

  • Extra! Hope For Greece Deal After “Intensive Mediation"

    As European Union and Greek leaders struggle to reach a deal to keep Greece in the Eurozone, the German daily describes Varoufakis’ untucked and non-ironed shirt as “civilian clothes”, above the headline “Intensive Mediation Efforts Before Greece Crisis Summit. read

  • TX victim-offender mediation bill vetoed

    Texas Gov. Greg Abbott vetoed a bill from a local state representative seeking to import the civil law process of mediation into criminal law. State Rep. Mark Keough, R-The Woodlands, said he is disappointed Abbott did not sign House Bill 3184 into law after it passed both legislative chambers this session. read

  • Oregon Bill Would Increase Incentives To Mediate Farming Disputes

    Oregon farmers could soon be more likely to use a mediator to help settle their disputes with neighboring farmers. Lawmakers could give final approval as soon as Thursday to a bill that's meant to head off lawsuits. An example of a potential dispute would be if one farmer wants to grow organic crops, but a neighboring farmer is planting genetically engineered crops. The potential for cross-pollination could devalue the first farmer's harvest. Democratic Representative Brian Clem said the bill would set up a mediation process to help keep such disputes out of court. read

  • Trace Adkins’ Divorce Settled During Mediation

    Trace Adkins’ divorce was reportedly settled out of court, during private mediation. The country music superstar’s estranged wife, Rhonda, originally sought a $20 million settlement and full custody of their three daughters. However, the former couple eventually compromised and have reached an amicable agreement. read