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"I go to a Jr. high school. I was trained to be a mediator last school year. We started out with about 18 people. By the 2nd and last day of training it was down to 12 people. This year when we got back to school we were down to 8 people. Now we have some new members and we are back up to 16 people. Being a peer mediator is one of the hardest things that I think I have ever done in my life so far, but I'm only 13. Every one that I come across is "like what is a mediator?" It is a really hard thing to explain. In our group last year we saved 2 people from killing themselves. We were very proud of ourselves. This year I have acted like a counselor and have helped a teenage boy from going to jail. That is the type of stuff that is going on in our school today. It is very frightening some days for me to get up and go to school because I never know what is going to happen. That is just some of the things that is going on. We have helped a lot of people and we hope to continue. I think this is a good idea to have a website like this."
Allie Roberts

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" is a source of professional knowledge and information to me - and through me - to thousands of Israelis who also enjoy reading Mediate com articles."
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May 2015

  • Judge orders mediation in ex-State Bar exec's suit for retaliatory firing

    A judge Tuesday ordered both sides to attempt to mediate a settlement in a lawsuit brought by a former State Bar executive who alleges he was fired for exposing ethical breaches within the agency responsible for the oversight of the state’s attorneys. “I would like you all to give it a shot with Judge MacLaughlin,” Beckloff said. “I’m giving you timeout to get something accomplished.” read

  • Gallup Diocese, Abuse Victims to Begin Mediation

    A bankruptcy judge has ordered the Roman Catholic Diocese of Gallup, N.M., its insurance carriers and lawyers representing 58 alleged sexual-abuse victims to begin mediation no later than July 15. Judge David Thuma, who oversees the diocese’s bankruptcy proceedings, signed off on mediation at the request of both alleged victims and the diocese, which stretches across broad swaths of northern Arizona and New Mexico. Mediation is likely the best opportunity to resolve the diocese’s bankruptcy case through a settlement that provides compensation to alleged victims and protects the church from future litigation, according to lawyers involved in the case. Other diocesan bankruptcies prompted by sexual-abuse claims have stretched out over years, racking up huge legal bills. read

April 2015

  • UK businesses must prepare for online dispute resolution, says expert

    UK businesses should prepare now for settling disputes with consumers through a system of online mediation and anticipate a further shift towards online dispute resolution in future too, an expert has said.Specialist in IT disputes resolution David McIlwaine of Pinsent Masons, the law firm behind, said it was "reassuring" to see one of the most senior judges in England and Wales focus his attention on the subject of ODR in a recent speech. read

  • Lawmaker sex harassment claims go to mediation

    The longstanding, high-profile lawsuits of legislative staff members accusing state representatives of sexual harassment, retaliation and other misconduct are headed to mediation. Attorneys for three women and the Legislative Research Commission, a defendant in the cases, said Tuesday that all parties have agreed to mediation that they hope will finally resolve the cases. read

  • Use and Perception of International Commercial Mediation and Conciliation: An Empirical Study

    S.I. Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri School of Law, has published, “Use and Perception of International Commercial Mediation and Conciliation: An Empirical Study,” In her paper, Professor Strong examines empirical data collected about the use and perception of commercial mediation and conciliation in both the international business and legal arenas. read

  • Judge recommends mediation between mall, yogurt business

    At a pretrial hearing in a lawsuit filed by the Charleston Town Center against a West Virginia yogurt business, a Kanawha County judge on Thursday recommended mediation for the two sides and received a letter indicating bankruptcy proceedings underway for a longtime state legislator. read

  • Harding St. quadruple murder house to become center for mentoring and mediation

    The west side house where four people were found murdered in March will be turned into a center for mentoring and mediation, the non-profit Be More Positive Company announced Monday. read

  • RadioShack agrees to mediation over sale of customer data

    RadioShack has agreed to mediation with state attorneys general concerned about the electronic retailer's planned sale of customer data as part of its bankruptcy reorganization. A RadioShack attorney told a Delaware bankruptcy judge Tuesday that the mediation, which will include a consumer privacy ombudsman, will start May 14. That's after a scheduled May 11 auction for intellectual property assets including the names and addresses of millions of RadioShack customers. read

  • And What is Your Biggest Achievement in Mediation?

    Once I was informed by Nan Waller Burnett that her colleagues from the organization Mediators Beyond Borders International (MBB) were heading for Prague and that we might organize a meeting with them I did not hesitate a minute. For the work of this NGO is simply admirable. How to build a more peace “able” world. read

  • Forced Arbitration Leaving Consumers High and Dry

    Data confirm that forced arbitration gives consumers little recourse or relief. With the completion of its study of forced arbitration, the Consumer Financial Protection Bureau now has the authority to prohibit the practice in the financial markets it oversees. The bureau has made a compelling case for doing so. Forced arbitration clauses, widely found in take-it-or-leave it contracts for checking accounts, prepaid cards, credit cards and other financial services, require consumers to give up the right to go to court in the event of a dispute. Instead, you are forced to bring your case to a private arbitration firm that has been chosen by the company – your opponent in the dispute. The CFPB’s data show how unfair this increasingly common corporate practice is, and how damaging it can be to the financial marketplace. read

  • Oregon GMO critics, proponents agree on mediation system

    Disputes over genetically modified crops would be mediated by Oregon farm regulators under legislation that has won support from biotech critics and proponents. Mediators from the Oregon Department of Agriculture would help resolve coexistence conflicts among growers of biotech, conventional and organic crops as part of House Bill 2509, which is headed for a vote on the House floor. A farmer who refuses to participate in such mediation and later loses a lawsuit in the dispute would be required to pay the opposing party’s costs and attorney fees. In conflicts over infringing farm practices — such as unwanted cross-pollination between crops — ODA officials would also oversee the collection of samples to establish a “chain of custody.” read

  • Dueling neighbors: It's time for mediation in a Shadyside bed-and-breakfast

    Zoning battles in residential neighborhoods have been a fact of life as long as there have been property rights. The Mansion at Maple Heights, a bed and breakfast owned and operated in Shadyside by former Steelers lineman Chukky Okobi, has generated a protracted battle with some of the neighbors. The dispute at its heart is very simple. Mr. Okobi has a large tent on the property that he would like to continue offering for social events. The neighbors insist that the party tent is a source of noise and violates the legal criteria for a permitted business “accessory.” read

  • Keeping the peace at Pine Ridge Elementary

    It’s not easy to become a Peacemaker. Anyone in the fourth grade can apply, but not all applicants are chosen for an interview with Linn and the current group of Peacemakers. Linn weighs in on who is chosen, but the kids are involved in the selection process, too. Those who make the cut get an important lesson in leadership. read

  • Secrets of a Successful Divorce Mediation

    As a former litigator turned mediator, I'm frequently asked why divorce mediation works. My response is a list of benefits: "faster, costs less, resolves conflict, calms emotions instead of amping everyone up." But today, when reading Teri McCowen's blog on about the power of listening, I realized I haven't been answering the question of why mediation works. Teri hit the nail on the head in her description of what it feels like to be with a master listener. read

  • Uber lawsuit over alleged India rape heading to mediation

    A lawsuit filed in California against Uber Technologies by a woman who alleged she was raped by a driver while taking a trip in Delhi appears to be heading to mediation. Both parties have asked the court for permission to proceed with the process, known as “alternative dispute mediation,” with a private mediator. They didn’t specify a deadline for coming up with a resolution. The filing comes just over a week after Uber petitioned the U.S. District Court for the Northern District of California to throw out the complaint. It said the court in San Francisco lacked jurisdiction because the two parties are both Indian citizens and the alleged rape occurred in India. read

  • Gov. Rick Scott and Cabinet move to mediation in Sunshine lawsuit

    After weeks of behind-the-scenes legal combat, Gov. Rick Scott and Cabinet members will dispatch their lawyers to mediate differences with Florida news outlets in a lawsuit accusing all four officials of violating the Sunshine Law. The closed-door mediation session Wednesday in Tallahassee postpones a scheduled videotaped deposition of Gerald Bailey, the ousted commissioner of the Florida Department of Law Enforcement. Bailey's secretly hatched dismissal triggered the lawsuit and has led to a series of reforms designed to improve Cabinet oversight of state agencies. read

  • National Craft Brewery Mediation Service Debuts

    Beginning April 15th, 2015 OvalOptions for Conflict Management will offer its Brewery Mediation Network (BMN) service in areas nation-wide. The program will help connect craft breweries with local providers of mediation, facilitation and associated services to assist in resolving costly disputes, most noticeably those involving trademarks. Breweries that contact the BMN are guided through a dispute roadmap, shaped by their unique situation, examining issues ranging from inter-brewery dispute to workplace tension. Jason Gladfelter, co-owner of OvalOptions, conflict consultant and level 1 Cicerone, views trademark disputes as a threat to the industry’s image while inflicting economic damage. “Legal fees in trademark cases can cost tens of thousands of dollars and take six months or more to conclude. Mediation can produce an amicable solution in a timely manner at a fraction of the cost, which is divided between the parties.” read

  • Church of the Mediator Hosts Concert Series

    Meridian, Miss. Did you know that there is a "Church of the Mediator." Proof: The Church of the Mediator held a special concert Sunday afternoon that featured a world famous musician. Dr. John Paul is a world renowned harpsichord player and this afternoon entertained the crowd through some music. This concert is one of four that the Church of the Mediator put on to raise money for their new organ.   read

  • Ontario Securities Exchange to launch mediation program for enforcement cases

    The Ontario Securities Commission is launching a pilot program to see whether more people can resolve their enforcement cases with the help of an outside mediator. The OSC said it will test out a mediation program from May 1 until next March, giving people the option to use a third-party mediator to help them try to confidentially reach a deal with commission staff. Both sides have to consent before a case can go to mediation. The OSC said it is developing the program as a way to try to get more cases concluded more quickly, and it will not allow the mediation process to be used to delay the start of hearings in cases. “The mediator provides an informal setting for settlement discussions to occur and can assist in resolving other outstanding enforcement issues,” the OSC said in a statement. read

  • Court Bars Ordering Abuse Victims to Post-Divorce Mediation

    Divorced couples cannot be required to resolve their post-divorce disputes through mediation if there has been an entry of a final restraining order based on a finding of domestic violence, even if existing property settlement agreements call for disputes to be worked through by mediators, a New Jersey appeals court has ruled. read

  • Keeping the Confidential Arbitration Proceeding Confidential

    Courts repeatedly have held that an arbitration confidentiality agreement covering judicial documents is insufficient to overcome the First Amendment presumption of access to the courts and the common-law right to public access to judicial proceedings and records. Even in the face of a confidentiality agreement, courts have refused to seal petitions and supporting documents seeking to confirm an arbitration award where the party seeking confidentiality made broad allegations of harm unsubstantiated by a particularized showing of the injury and harm public disclosure of the information would cause. read

  • Interview With Michael Brown, UN Senior Mediation Expert in Natural Resources and Land Conflicts

    Unresolved natural resource management issues can make peace more fragile, while addressing them can act as a bridge toward cooperation. The UN Environment Program and Department of Political Affairs recently created a guide to natural resources for conflict mediators. The guide explores how natural resources can exacerbate or drive conflict and discusses best practices for mediation. It also examines instances of natural resource management as cornerstones of peacebuilding, from oil in South Sudan to shared water basins in Iran and Afghanistan. read

  • As the economy improves, divorce rate will increase

    By most measures, the U.S. economy is healthy and recovered from its recent recession. Job growth has been healthy for the past year. The U.S. Commerce Department reported on March 27 the biggest gain in consumer spending in eight years. Housing prices are rebounding as home sales are growing. Expect one more statistic to rise: the divorce rate. read

  • Mediation works in kids' custody spats

    SINGAPORE - Almost 5,000 divorcing couples have gone through a compulsory mediation and counselling programme aimed at helping them reduce the acrimony as they sort out disputes over their children. About four out of five couples agreed on key parenting decisions after attending the sessions, a Family Justice Courts spokesman told The Sunday Times. The courts had found that many couples fight over custody and care issues, such as which parent the child will live with after the divorce and how much time the other parent will get to spend with the child. The mediation and counselling programme, which involves the couples' lawyers as well, aims to protect the child's welfare. "This drastically lowers the risk of children being caught in the bitterness between warring and insecure parents," the spokesman said. "Children will be more secure and less traumatised by the breakdown of their parents' relationship." read

  • Pakistan will prefer to play role of mediator in Yemen conflict: Asif

    ISLAMABAD: Defence Minister Khawaja Asif said Tuesday that the government’s first preference would be to play the role of a mediator in resolving the crisis in Yemen. “If the sanctity of Saudi Arabia’s territorial boundaries is violated, we will stand with them,” he said. He assured that the government’s policy was in line with the military's perspective on the issue. He said that Saudi Arabia and Pakistan have decades-old defence agreements, and Pakistan will continue honouring those agreements. read

  • Mediation: Confidentiality and Enforceability

    An essential element of a successful mediation is confidentiality. Participants to a mediation must be able to rely on the confidentiality of the process if they are going to be candid with the mediator about their settlement positions, pressure points, litigation strategy and other sensitive issues. This principle is reflected in the Uniform Mediation Act, finalized in 2003 and adopted by 11 states to date.  According to the Act, “[t]his frank exchange can be achieved only if the participants know that what is said in the mediation will not be used to their detriment through later court proceedings and adjudicatory processes.” read

  • Mediation Provides Apparent Settlement of XNA Runway Dispute

    Northwest Arkansas Regional Airport officials approved a proposed settlement of a federal lawsuit related to problems with work on the main runway renovation that should allow for repairs to be completed within the next few months. "We ended up with a proposed settlement that, frankly, none of the parties are happy with but all parties can live with," Scott Van Laningham, executive director, told board members at a special meeting late Monday afternoon. "We left there with a pretty good game plan for fixing it." read

  • Maybe real mediation could solve the long-standing water crisis on the Monterey Peninsula.

    With so many stakeholders, and varied unreconciled positions, progress toward a solution has been slow. This pace could continue indefinitely with ratepayers swallowing the costs. If there was a time to take a deep breath and think outside of the box, it is now. I propose the major stakeholders consider agreeing to participation in a true mediation of the major issues that prevent achievement of a reasonable, reliable and implementable solution to the Peninsula’s water supply problem. read

  • What It Takes to Opt Out of an Arbitration Clause

    Not all companies with arbitration clauses or no-class-action provisions require employees to sign on. While companies such as Uber Technologies Inc. require drivers to agree to such contracts before joining its platform, others give employees a chance to opt out—although it can take some doing. read

  • Report: Israel Sought European Mediation for Talks With Hamas

    Israel asked European officials to serve as arbitrators in talks with the Palestinian terrorist group Hamas about the return of remains of Israeli soldiers killed in Gaza during Operation Protective Edge last summer, al-Araby al-Jadeed reported Monday. read

  • Justin Bieber Attends Five-Hour Mediation Over Alleged Photographer Assault Lawsuit

    Justin Bieber attended a mediation session in Miami, Florida, on Tuesday, in connection to a lawsuit filed by a photographer, who alleges he was roughed up by one of the singer’s bodyguards. The mediation session lasted nearly five-hours. read

  • Mass. couple’s divorce decree can’t compel mediation

    A husband and wife can not be compelled to engage in mediation at their own expense as a condition of their being permitted to file actions in the future to enforce or modify the terms of their divorce, the Massachusetts Appeals Court has found. The husband argued that his right to free access to the courts under Article 11 of the Declaration of Rights of the Massachusetts Constitution was violated by a clause in his divorce decree requiring the parties to engage in, and pay for, court-directed mediation before either could file any subsequent action in court. The Appeals Court agreed. read

  • Robin Williams's Widow and Children Agree to Mediation in Estate Fight

    Attorneys for Williams’s widow, Susan Schneider, and his three children from previous marriages, squared off in probate court in San Francisco on Monday and agreed to private mediation, hoping to settle a dispute regarding the contents of his estate. read

  • LL.M. Programs in Alternative Dispute Resolution

    Specialized programs can help lawyers with tactics like mediation and negotiation, which are increasingly used as alternatives to litigation. “When I went to law school, it was still considered fuzzy-headed fringe stuff,” says Paul Ladehoff, the director of the LL.M. program in Dispute Resolution at the University of Missouri School of Law. “Now it's a regular component of practice.” read

March 2015

  • CFPB Study: Arbitration Agreements Limit Relief For Consumers

    On March 10, 2015, the Consumer Financial Protection Bureau ("CFPB") released a report which found that arbitration clauses restrict a consumer's relief against financial service providers, such as credit card companies and banks. read

  • Justin Bieber Attends Mediation Hearing On Photog's Suit

    Pop star Justin Bieber is in South Florida to handle his legal troubles – again. Tuesday morning Bieber’s security team swiftly and skillfully whisked him through the service entrance of a attorney’s office in a Brickell high rise so he could attend a mediation hearing on civil suit filed by freelance photographer Jeffrey Binion. read

  • Somali elders learn mediation to integrate community

    Confidentiality. Quality of process. Impartiality. Conflict of interest. Competence.  Those were the words scribbled across the chalkboard in a St. Cloud State University classroom March 21. In three chairs — one in the middle, two facing each other — sit a middle-aged Somali man playing a 20-something college student, a St. Cloud State communications professor playing an elderly neighbor and a Conflict Resolution Center director playing a mediator. read

  • Fox's 'Empire' Copyright Lawsuit Best Moved To Mediation, Says Judge

    With demands for millions on one side and the seeking of a court declaration that Empire isn’t violating any “purported trademarks rights” on the other, this lawsuit seems to have taken the expressive lane to a sit-down before it could blow up. Just one day after the broadcaster of blockbuster series Empire filed a complaint for declaratory relief against music label Empire Distribution, the federal court today said it wants the parties to work out their problems in mediation before going to trial. Maybe not the way Lucious Lyon does business on the fictional Empire but the ways of real-life busy courts.  read

  • Enormous hike in court fees - will we see a rush to mediation?

    Earlier this month, the Ministry of Justice implemented massive increases in the fees the courts charge to those parties who commence proceedings. Claims for more than £10,000 now attract an issue fee of 5% of the value of the claim up to a limit of £10,000, so, for example, a claim for £200,000 will now cost £10,000 to issue in addition to lawyers’ fees. The recent hike in court fees ought to make more businesses pause before instructing their lawyers to issue proceedings. in any event, there is much to be said for embarking on a mediation prior to the commencement of proceedings. read

  • Federal Justice Dept. mediator heading to Pasco

    The U.S. Department of Justice's Community Relations Service will be in Pasco next week to begin mediation talks between the city's police department and community leaders. Talks will be centered around the recent shooting of Antonio Zambrano-Montes by three Pasco Police officers, and claims the department's use of force was unjustified and it's rank and file are out of touch with the largely Hispanic community. The process, once started, is confidential and has no law enforcement attached to it, according to the Department of Justice. Action plans can come once completed, however. read

  • Medical Malpractice Claims in Wisconsin Fall to Record Low

    Medical malpractice claims hit a record low last year in Wisconsin, according to the Director of State Courts. The number of medical malpractice lawsuits fell to 84 last year from 140 in 2013. There were 294 suits filed in 1999. The state Medical Mediation Panels got 118 complaints last year, the fewest in their history. Plaintiffs must file with the panels before they can sue. read

  • Lawsuit against prominent Paterson imam may go to mediation

    A NJ state judge has ruled that a lawsuit can proceed against leaders of the Islamic Center of Passaic County that alleges widespread misuse of the organization’s funds. Ruling on a motion by the center to toss out the lawsuit, Judge Margaret Mary McVeigh in Passaic County Superior Court on Friday said that she would consider most of the suit’s claims, but urged the parties to go into mediation. read

  • Mediation program alternative to costly EEOC litigation

    Employers were encouraged Monday to take part in the Equal Employment Opportunity Commission’s mediation program, with one lawyer saying the program has been successful in resolving employment discrimination cases and saving employers money and time by avoiding litigation. Speaking at the Society for Human Resource Management’s Employment Law & Legislative Conference in Washington, D.C., Whitney Warner, a founding partner with the labor and employment law firm of Moody & Warne in Albuquerque, N.M., tackled several myths about participating in EEOC mediations. read

  • In the City: Clear up disputes with neighbors in spring

    Spring is time of renewal and rejuvenation. The sun is shining, plants are growing and the temperatures are rising. As you embark on this season of change and renewal, think about taking steps to reduce the impact your actions have on your neighbors and also think about how to communicate when your neighbors' actions impact you. If you aren't comfortable because you feel there is conflict, your neighbor probably feels uncomfortable too. Here are some quick steps to try to begin resolving conflict. read

  • Manhattan Borough President Seeks Rent Mediation For Mom-And-Pop Businesses

    A proposal by Manhattan Borough President Gale Brewer would give small businesses a year-long reprieve if their landlords try to boot them out. It’s not a new issue, and Brewer said her idea is not a new one. “Rent mediation has been bandied about for many years, decades even, but in a different way,” she said. Under Brewer’s proposal, if a landlord seeks to jack up a store’s rent, a mediator would try to work out a deal. If one cannot be reached, the business would receive a one-year extension so that it has time to find a new space. In the meantime, its rent would increase by no more than 15 percent. read

  • Liberia: Woods Leads Mediation - AFL, West Pointers Smoke Peace Pipe

    Since the shooting incident in the West Point community that led to the death of little Shaki Kamara, the relationship between the Armed Forces of Liberia and the locals has been sour, but the former Minister of Public Works Samuel Kofi Woods is doing everything to bring the army and the people together.  read

  • Mediators working to help Ferguson

    Sometimes you need a person in the middle — a mediator. Community Mediation Services of St. Louis helps people talk about and resolve their differences. On Wednesday, "St. Louis on the Air" host Don Marsh will talk to two people behind the group about their services and their recent work in Ferguson. read

  • Bill O'Reilly Attacks "Restorative Justice" Programs That Reduce Racially Disproportionate School Discipline

    Fox News host Bill O'Reilly attacked efforts to decrease school suspensions and expulsions with programs known as "restorative justice," ignoring that these traditional punishments disproportionately target students of color. read

  • ‘Office for pontifical mediation’ may be set up within Secretariat of State

    The Vatican Secretary of State suggested Wednesday that an ‘office for pontifical mediation’ may be established within the ranks of the Secretariat of State, in order to function as a link between the on-the-ground commitment of papal diplomacy and its commitment within international institutions. Cardinal Pietro Parolin said on March 11 that “facing an increase of armed conflicts — both internal and external — which are caused because of a lack of preventative actions or because of a lack in managing the post-conflict times, an attention to prevention (through the new office) will highlight the real meaning of the Holy See’s presence in the international community”. read

  • Unlocking Horns: Lender Use of Mediation for Dispute Resolution

    Lenders are often the target of litigation by borrowers, guarantors, co-lenders, and bankruptcy trustees. While a growing number of lenders include ADR provisions for arbitration in their loan documents, few are requiring mediation as a precursor to litigation. Many lenders are unfamiliar with mediation and its potential benefits. read

  • How to Win at Mediation

    Hiring a mediator can save you thousands of dollars in legal fees—and even more if a judgment goes against you, as a recent Weekend Investor story explained. Some states require divorcing couples to explore mediation first. Mediation is also an option in some disputes between investors and stockbrokers, an employer and a former employee, business partners parting ways or parties to a commercial contract. The process isn’t meant to be adversarial. “Win-lose as a bargaining model puts most of the benefits of mediation into a black hole,” says Michele Lowrance, a retired judge in Chicago who works as a mediator with JAMS, an alternative dispute-resolution provider based in Irvine, Calif. But there are still ways to protect yourself – and even gain an advantage – when entering mediation. read

  • Iran Offers to Mediate Talks Between Republicans and Obama (Andy Borowitz)

    Stating that “their continuing hostilities are a threat to world peace,” Iran has offered to mediate talks between congressional Republicans and President Obama. Iran’s Supreme Leader, Ali Khamenei, made the offer one day after Iran received what he called a “worrisome letter” from Republican leaders, which suggested to him that “the relationship between Republicans and Obama has deteriorated dangerously.” “Tensions between these two historic enemies have been high in recent years, but we believe they are now at a boiling point,” Khamenei said. “As a result, Iran feels it must offer itself as a peacemaker.” read

  • State, Schools Continue Mediation for Inflation Funding

    The state and school districts are in legal mediation trying to agree on how much money the state should give schools for inflation back pay and when, said an attorney for the schools. Gov. Doug Ducey and the state Legislature have set aside $74 million in the state budget for the lawsuit settlement, less than a third of what a judge has said the schools are owed. read

  • Better to mediate than to litigate

    A skillful mediator can be the avenue through which parties are able to face each other comfortably. The mediator is an independent third party without any power to decide who is right or wrong. The mediator’s role is to work with the parties in a process that is broadly aimed at understanding the dispute; identifying the concerns, underlying fears and needs of each party; communicating the same to each party upon receiving a mandate to do so; and ultimately assisting the parties to negotiate a settlement themselves. read

  • Divorcing Parents: 4 Ways You Can Be Super Heroes To Your Children

    Divorcing parents: you can be super heroes to your children. Here's the plot twist: becoming their super hero means accepting that your children deserve to experience both a "Super-Mom" and "Super-Dad." Your marriage is ending, but your relationship as co-parents continues. Please consider these four commitments you can make as co-parents that will change the course of your children's lives and in the process, possibly save yours too. read

  • Cheaper, quicker way to settle disputes, save ties

    Singapore: A journey towards cheaper, quicker and less bitterly contested justice reached a "historically significant moment" yesterday when Chief Justice Sundaresh Menon launched the State Courts Centre for Dispute Resolution. The centre will seek to settle disputes across a wide spectrum of matters through mediation and neutral evaluation. It will sit at the entrance level of the State Courts, sending the signal that this approach is the "first stop" to be seriously considered in any type of conflict, said Chief Justice Menon. read

3/05 3/03
  • Federal mediator brought in to help avert MLS stoppage

    Representatives of Major League Soccer and its players union are meeting with a federal mediator this week in a last-ditch effort to complete a new collective bargaining agreement before the 2015 MLS season opens Friday. read

  • ASEAN co-mediation of child custody rows proposed

    Singapore Chief Justice Sundaresh Menon tells his counterparts in member-states of the Association for Southeast Asian Nations (ASEAN) to consider co-mediation in dealing with cross-border child custody rows. read

  • March is Mediation Month

    VA Governor McAuliffe has named March “Mediation Month” in the Commonwealth, to honor the work done in courts and other resolution centers. read

3/02 February 2015

  • Mediator’s death, Army clashes will not affect swap deal

    The sudden death of a secret middleman helping to secure the release of 25 Lebanese servicemen held hostage by Islamist militants on the Syria border and the Lebanese Army’s offensive against militants nestled in the hills on the country’s northeastern border with Syria will not affect negotiations on a swap deal, a senior security source told The Daily Star Thursday. read

  • India: An alternative to legal woes

    The author talks to the people from the Foundation for Comprehensive Dispute Resolution who strive to make mediation more accessible read

  • Courts aren’t always best place to resolve disputes

    Mediators are embracing new technology, says Graham Boyack. In today's world so much of what we do is increasingly done either on the telephone or online and that’s now beginning to happen with mediation too. In today’s justice system there are a number of good reasons to look at online dispute resolution. I’ll look at those reasons, how mediation online works and what needs to be done for it to happen. read

  • Mediator an acceptable cost for productivity

    That is too much taxpayer money at stake not to make sure the process goes as smoothly as possible. If $6,000 is what it takes, then stacked against $43.5 million, it seems like an acceptable cost for a better guarantee of productivity. read

  • Editorial: Mediation brings the right result to human rights complaints

    Resolving human rights complaints in this province once took years, and often involved ugly legal battles and plenty of ill feeling. Before the province's Human Rights Code was amended in 2011, it took an average of four years to settle complaints through a slow and often-combative tribunal system. Since then, the Saskatchewan Human Rights Commission has focused on mediation, resulting in many complaints being resolved in weeks or a few months at most. read

  • South Dakota Senate OKs adding drainage mediation

    South Dakota should offer mediation services for landowners who are in drainage disputes, the state Senate decided Wednesday. Senators voted 32-2 for the legislation. Senate Bill 3 now goes to the House of Representatives. The mediation program would be operated with the state Department of Agriculture. The participants would pay for services. read

  • Can Atheistic China Play Conflict Mediator in ‘God’s Century’?

    In 2013 China shifted its principle of “non-interference in other countries” to one of active conflict resolution in some of the world’s most intractable contexts: Israel-Palestine, Myanmar, and Afghanistan. This shift reflects a growing confidence, certainly a growing need for China to be more globally engaged. But while it may be a welcome foray, its success will be muted at best unless China can overcome one major blind spot: religion. read

  • Do We Need a New York Convention for Mediation/Conciliation?

    The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) is viewed by many as one of the most (if not the most) successful commercial treaties to which the United States has become a party. To date, 154 countries have signed the New York Convention. With this backdrop in mind, in July 2014 the United States submitted a proposal to the United Nations Commission on International Trade Law (UNCITRAL) Working Group II that it develop a convention on the enforcement of conciliated settlement agreements for international commercial disputes. In February 2015, UNCITRAL Working Group II held meetings in New York, where it considered this proposal with the goal of reporting to UNCITRAL on whether such a project was feasible. read

  • Alleged Prodfather Rabbi Mendel Epstein Claims To Be Mafia Mediator

    In an undercover video played at his federal kidnapping and extortion trial in Trenton, New Jersey Monday, Rabbi Mendel Epstein is seen telling undercover FBI agents that he works as a mediator in disputes with the Mafia, the New York Daily News reported. Epstein and three co-defendants, including his son and two other haredi rabbis, are charged in a kidnap-for-hire scheme meant to force recalcitrant husbands to issue their wives a Jewish bill of divorce known as a “get.” Among Epstein’s tools to achieve that aim was allegedly an electric cattle prod, earning him the moniker “The Prodfather” from New York City tabloids. read

  • Columbia conflict-mediation professor busted for punching boyfriend

    A professor who teaches city cops and firefighters how to cool down heated situations assaulted her ex-cop boyfriend because he allegedly cheated on her, police sources said. Joann Baney, 54, who teaches International and Public Affairs at Columbia University, was arrested Valentine’s Day, at 10:45 p.m., after she slugged retired NYPD sergeant Walter Frey,46, while he was sleeping, according to a criminal court complaint. “I hit him because he cheated on me,” she allegedly said at the scene while she was being arrested, the documents reveal. read

  • Could we have online family courts?

    The Online Dispute Resolution Advisory Group of the Civil Justice Council has published a report, in which it recommends the establishment of an Internet-based court service, to be known as ‘HM Online Court’ (HMOC). In his foreword to the report, the Master of the Roll Lord Dyson supports the idea, saying that online dispute resolution has “enormous potential for meeting the needs of the system and its users in the 21st Century.” read

  • Mediation speeds up judicial process in Turkey

    Dispute resolution or mediation introduced in Turkey in 2012 quickly gained popularity in the country where courts are burdened with a heavy workload and people complain of lengthy trials. In 2014, 259 cases were referred to mediators who succeeded in resolving 254 cases, according to figures provided by Justice Ministry's Department of Mediation. read

  • Mediation set in Griggs County Courthouse dispute

    A mediation session has been scheduled for March 3 in an attempt to resolve a year-long dispute over construction of a still-unfinished and vacant $3.5 million Griggs County Courthouse/Emergency Operations Center in Cooperstown. The three sides involved in the dispute – Griggs County, the Griggs County Building Authority and the general contractor, Construction Engineers, Grand Forks – have been at odds at least since last February, when the contractor threatened to stop working because of payment delays and contract language issues. Construction crews finally walked off the job in May, with the project estimated to be 90 to 95 percent completed. read

  • Agriculture mediation services available for farm-related disputes

    Mediation is a valuable tool for resolving the occasional agriculture-related dispute before it ends up in court. The Virginia Department of Agriculture and Consumer Services (VDACS) announces that agricultural mediation services are now available to Virginia’s agriculture community through a partnership with the North Carolina Agriculture Mediation Program (NCAMP), which operates out of Western Carolina University.  read

  • Divorcing couples seeking more mediation

    Roseann Vanella sees more than her fair share of marriages ending in divorce. Typically, she said, couples aren’t happy to see her at first, especially when one spouse isn’t interested in pursuing a split. By the time her clients have completed the process of dissolving their union and dividing assets, they may view her as a good friend. read

  • Who Decides Res Judicata and Collateral Estoppel in Arbitration?

    Litigating parties recognize that both res judicata (claim preclusion) and collateral estoppel (issue preclusion) apply not only to court decisions but to those of an arbitrator as well. But what if following the judicial confirmation of an arbitration award, the losing party brings a second arbitration claim? The party successful in the first arbitration believes, however, that the new proceeding raises claims or issues that were resolved in the first arbitration. Who decides whether claim or issue preclusion should apply—the court that confirmed the initial award or the arbitrator appointed for the second arbitration? read

  • What mediation means for the archdiocese, insurers and victims

    The Archdiocese of St. Paul and Minneapolis filed for Chapter 11 bankruptcy on Jan. 16, a step that allows the church to operate as usual while reorganizing its operations and paying its creditors. Federal bankruptcy Judge Robert Kressel, who is overseeing the process, has ordered the archdiocese and its creditors into mediation, where the parties will attempt to negotiate a settlement to reorganize the archdiocese and compensate victims of clergy sexual abuses. Compromise is critical to mediation, as parties try to work toward a settlement that most — or many — can live with. If mediation is successful, the archdiocese and its creditors can avoid moving the process to a federal bankruptcy courtroom — where the process can be more contentious than negotiation. read

  • Mediator will help NCDOT and environmentalists settle Bonner Bridge fight

    A federal court mediator has been called in to help settle a bitter legal fight that, since 2011, has stalled construction of a replacement for the deteriorating Bonner Bridge on North Carolina’s Outer Banks. The 4th U.S. Circuit Court of Appeals on Thursday approved the mediation request filed jointly by the state Department of Transportation and its courtroom nemesis, the Southern Environmental Law Center. read

  • Justin Bieber Judge-Ordered To Paparazzo Mediation Despite Jet Cost, Other Objections

    Justin Bieber has been ordered by a judge to show in Miami next month for a mediation hearing in relation to a civil lawsuit filed against him by a paparazzo, instead of by video link as Bieber had requested. Paparazzo Jeffrey Binion claimed the singer ordered his bodyguards to rough him up after he was allegedly spotted taking taking pictures of the then 19-year-old outside Miami’s Hit Factory recording studio on June 5, 2013. Bieber denies the allegation. read

  • MLS and players union hire mediators for collective bargaining agreement

    With negotiations over new collective bargaining agreement seemingly at an impasse, MLS owners and the MLS Players Union have employed the Federal Mediation and Conciliation Service to help reach an agreement. An FMCS spokesman told ESPN FC that "FMCS mediators, at the joint request of MLS and the MLS Players Union, have begun the mediation process in the negotiations between the parties." read

  • Mediation demanded over school project pay

    The construction company that oversaw the $1.3 billion Buffalo schools renovation project is demanding mediation in its quest for $3.1 million that the Joint Schools Construction Board has refused to pay for work performed on two phases of the project. read

  • University of Houston Law Center wins ICC Mediation Competition 2015

    The University of Houston Law Center has won the International Chamber of Commerce (ICC)’s 10th International Commercial Mediation Competition, taking the title after a thrilling final against the University of Sao Paolo.  Featuring some 150 mock mediation sessions based on real commercial disputes, the 2015 Competition tested the problem-solving skills of 67 teams from 34 countries. read

  • The most exhaustive list of ODR-providers

    The following list is based on my own research and the use of several sources. The list of about 98 ODR-providers compiled by attorney-at-law Axel Hellinger was taken into consideration as well as the list of 64 ODR-providers maintained by Also Melissa Conley Tyler’s 2004 paper "115 and Counting: The State of ODR 2004“ was taken into account. read

  • Data: Foreclosure mediation not big drag on market

    Some real estate professionals are blaming a law aimed at preventing foreclosures for slowing down the recovery of the housing market in the Baltimore metro area, but figures from the state regarding participation in the foreclosure mediation process raise doubts about the law’s impact on housing prices. read

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  • China Offers To Mediate Afghan Talks

    hina has offered to play a "constructive role” in stalled efforts to engage the Afghan Taliban in peace negotiations. Foreign Minister Wang Yi made the comments at a joint press conference with Pakistani foreign affairs adviser Sartaj Aziz in Islamabad on February 12. Wang said China will support the Afghan government in “realizing reconciliation with various political factions, including the Taliban." He said Beijing would “provide necessary facilitation at any time if it is required by various parties in Afghanistan." read

  • More mediation: Detroit, counties to discuss water deal

    Detroit and suburban counties will attempt to resolve their differences over the creation of a regional water authority in mediation. U.S. District Judge Sean Cox will conduct additional confidential mediation proceedings in a bid to finalize a deal to create the Great Lakes Water Authority, which was considered a breakthrough settlement in the city's bankruptcy restructuring. U.S. Bankruptcy Judge Steven Rhodes revealed the onset of new discussions in a court filing today. He instructed parties to the discussions to keep the talks secret. read

  • Where to list? is worlds most visited mediation website, by a mile!, the leading website ranking service, reports that is the world's most visited mediation website, and not by a little.  Alexa reviews all websites in the world and reports that is the 115,020 largest site in the world as of February 1, 2015.  The lower the site rank, the more traffic the site receives.  The next most visited site,, is ranked at 1,260,625. AAA's website is ranked 4,951,487 read

  • Justice Department mediator at Rapid City racism forum

    A mediator from the Justice Department is in Rapid City in the wake of a civic center incident where Native American school children were allegedly subjected to abuse. Some community members expressed frustration at the apparent slow speed of the police investigation into the Jan. 24 incident at a Rapid City Rush hockey game where some white fans allegedly hurled slurs and beer on a group of 57 elementary students from American Horse School in Allen. read

  • Make Effective Mediation Your New Year's Resolution

    Week in-and-out, I attend mediations where the attorney hasn’t researched the legal issues, spoken with the client, made well-principled demands or listened to the mediator’s words of wisdom. Some attorneys even request that the mediator not speak to the client.  As we turn the page on a new year, below are some tips to consider for more effective mediation. read

  • Suit over social media posts concerning Silverado Senior Living in mediation

    Mediation is taking place in a suit brought by the children of a woman living in a Sugar Land nursing home who claim they have been banned from the facility because social media postings. read

  • Mediation ordered in former superintendent case

    An order for mediation has been entered in the criminal case against former Mason County School Superintendent Tim Moore. Moore was indicted in May 2014 on one count abuse of public trust $10,000 but less than $100,000 related to the findings of a special audit released in October 2012 by Kentucky Auditor of Public Accounts Adam Edelen. read

  • CAMP introduces mediation — dispute resolution that is collaborative and relationship enhancing

    “Today, in India, mediation is accessible largely through a court referral. We feel the time has come to expand the scope of mediation to the private space so that disputing parties are able to resolve their disputes without going to court,” says Tara Ollapally, mediator and Co-coordinator, Centre for Advanced Mediation Practice (CAMP). CAMP is one of the early players that tried to provide private mediation services through a panel of skilled and well trained mediators who are also legal professionals. read


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