Mediation in Today's News

July 2017

Lawyers Oppose Mediation Rule Change, Call for Rejection

The Florida Supreme Court's Committee on Alternative Dispute Resolution Rules and Policy has proposed rules that eliminate self-determination in one of the most important aspects of your mediation: the selection of the mediator of your choice. read


Supreme Court Rules In Favor Of Nursing Home Arbitration Agreements

In Kindred Nursing Center Ltd. Partnership v. Clark, the United States Supreme Court recently continued its protection of arbitration agreements by holding that the Federal Arbitration Act (FAA) preempted a Kentucky "clear statement" rule that disfavored arbitration agreements. read


Istanbul conference looks to promote mediation

Turkish Foreign Minister Mevlut Cavusoglu told a UN-backed conference that rising attacks on Muslims in Europe revealed the need for more focus on mediation. “Prevention is key,” Cavusoglu told the fourth Istanbul Mediation Conference. “Building capacity must be a priority,” More than a hundred experts, diplomats and scholars from around the world took part in the conference, which was also addressed by UN Secretary General Antonio Guterres. read


What does neighbor-to-neighbor mediation mean for a city?

Taking complaints from cops and courts and putting the people behind them in rooms with mediators is more effective, saves time and money for taxpayers in the long term and leaves both sides happier. read

June 2017

Trump's disdain for diplomacy is making the world more dangerous

The US president’s preference for public bellicosity and instant military action has potential to cause a lot of damage. read


Hadassah Medical Center crisis: Supreme Court forced intensive mediation process

Today, the Israeli Supreme Court offered an intensive mediation process to solve the Hadassah Medical Center crisis. However, after the parents of the sick children refused, the Supreme Court decided to force the process. read


Is there a better way to handle neighbor disputes?

Disputes between neighbors can get awfully ugly awfully fast if left unresolved. read


Trump Picks Second Republican to Seize Mediation Board Power

President Donald Trump unveiled his choice to fill a second Republican spot on the National Mediation Board in a move to place the three-member panel under GOP control. read


Practitioners, Clients Weigh Benefits of Cross-Border Mediation at Bar Panel

Veterans of mediation involving global companies said clients with a solid case may have all the more reason seek out a neutral mediator before spending a fortune in legal fees. read


Over parents’ opposition, court orders mediation in Hadassah hospital crisis

Ex-Supreme Court judge Rubinstein will try to resolve dispute surrounding children’s cancer unit read


Ask Amy: Divorce mediation or take it to court? - Ithaca Journal

"Being a good and stalwart parent will bring you joy. Dropping the pretense about your marriage, and living well and authentically will be the best revenge." read


Penn Hills School District: Student mediation program nets fewer fights

A Penn Hills School District initiative aimed at preventing or controlling confrontations between students is reaping improvements in behavior, officials say. read


Palestinian teacher suit against Hunterdon Central in mediation

A federal court battle is headed into mediation between Hunterdon Central High School and a Palestinian teacher who said she was discriminated against by the school district because of her religion, nationality and race. read


Mediator: Listen actively to resolve conflicts

Resolving conflicts takes time and energy — along with teachable skills. Farah Greenwald, a trained mediator with Central Mediation Center, looks at resolving conflicts through two methods: Interest versus positions. read


Judge expresses hope for mediation in Kilkenny dispute

A judge has expressed hope for a successful mediation of a bitter dispute between a son and his mother concerning ownership of the well-known Kilkenny group of luxury design retail stores, employing 300 people. read


Mediators provide boost to the court system

“They really do save the court a lot of time . . . and it’s not just here. It’s throughout the state of Florida.”



Australia: Mediation: alternative dispute resolution in family law

Mediation is the dominant feature of today’s family law landscape. Mediation is no longer ‘Alternative’. read


Embrace Failure: Get A Good Result in Mediation

Instead of going into a mediation like it’s “déjà vu,” try to think about it as “vuja de.” In other words, it won’t be the same as it has been before. read


New Program Offers Mediation Services for Caregivers, Elderly

Ku?ikahi Mediation Center and West Hawai?i Mediation Center, in partnership with Hawai’i County Office of Aging, have partnered to launch a new program providing mediation and conflict resolution support services for kupuna, caregivers and families on Hawai?i Island. read


San Jose Council Members Want to Earmark Extra $150000 for Landlord-Tenant Mediation

Two elected officials in San Jose want to earmark an extra $150,000 from the city’s budget to expand mediation services for tenants and landlords. read


Using the full strength of your case in mediation

The arguments that you use and the presentations that you make to persuade the other party to recognize the strength of your case should be as strong and as well supported as they would be for trial. read


Mediation eliminating divorce trials in Whitman County
Judge finds few takers for his efforts to educate youth about courts divorce trials in Whitman County. read


Making Critical Decisions in the Mediation Process
The use of mediation in connection with civil disputes seems to be alive and well in Connecticut judging by a number of indicators read


Bringing the voice of the child into mediation
Understanding a child’s perspective can be helpful for separating spouses using mediation for custody and access disputes, says Oakville family lawyer and mediator Cathryn Paul.


Leading General Counsel Mull Over Mediation

Top legal officers from Visa, Assurant, Estee Lauder and Fluor Corporation discuss the potential use of mediation in acquisitions and other business ventures; the use of “stand by” mediators; and what they look for in a mediator read

May 2017

Old Y remains in limbo as Grays dispute post-mediation agreement signed in November

Six months after signing a post-mediation agreement with the city of Frankfort, John and Martha Gray are continuing to correspond with the city over the old YMCA building on Bridge Street, leaving the structure’s future in limbo. read


LETTER: Trump failing mediation board

The National Mediation Board doesn’t have the required number of majority Republican members? New members have yet to be nominated? What’s the deal here? Many Americans voted for Donald Trump because they thought he was a competent businessman, a good administrator of his far-flung business interests. Looks like he dropped the ball on the National Mediation Board. read


Mediation: dragging your feet will cost you in UK

Parties receive considerable encouragement by the courts to mediate. Recent Court of Appeal decisions reinforce that approach. read


Mental Health and Mediation of Workplace Disputes

I have recently been asked if resolving workplace disputes by mediation is still viable if one of the parties is suffering from mental health issues. The quick answer is that it makes use of that process even more desirable, but this being Mental Health Week, let’s take a closer look. read


Judge Orders Preservation of Mediation Notes in Gender Bias Suit Against Proskauer

In a rare move, a federal judge in Washington, D.C. has issued an emergency order to preserve the notes of a mediation session in which an attorney from Proskauer Rose allegedly threatened a female partner who is now suing the firm for gender discrimination. read


Lake and Sumter counties seeking claim mediators

TAVARES – The 5th Judicial Circuit is looking for volunteer mediators for Lake and Sumter counties to help settle claim disputes outside the courtrooms. read


Nonprofit View: What makes Community Mediation 'community?'

The Carroll County Community Mediation Center (CCCMC) is one of 17 community mediation centers in the state of Maryland. read


Puerto Rico creditors open to mediation in bankruptcy court

Puerto Rico's main creditors, meeting before a U.S. bankruptcy judge in the largest public finance restructuring case in history, are interested in continuing mediation settlement talks to resolve the island's unpayable $70 billion debt bill. read


Cellino & Barnes dispute headed for mediation

The white-hot dispute between warring partners of the Cellino & Barnes law firm could be headed for a mediation cool down. read


Pakistan cracks down on men trading young daughters to settle debts and disputes

Pakistan's government is trying to institutionalize systems that could help stamp out the practice. In January, lawmakers approved an out-of-court settlement process that might curb vani ceremonies by taking civil dispute remediation out of the hands of jirgas.  read


Out-of-court settlements: Senate approves Alternative Dispute Resolution Bill

ISLAMABAD: The Senate on Monday passed the Alternative Dispute Resolution Bill, 2017 relating to out-of-court settlements. Alternative Dispute Resolution [ADR] is a process where parties prefer resolving disputes out of the courts through arbitration, mediation, conciliation and neutral evaluation. read


Prenuptial/Precivil Partnership Agreements And Mediation - A Marriage Made In Heaven

The advantage of discussing the prenuptial/precivil partnership agreement in mediation is that the couple will discuss their aspirations and concerns in a confidential and safe environment before pen is put to paper. read


Judge orders mediation in playground suit

A circuit court judge has ordered mediation in an unusual lawsuit between the city of Cookeville and a resident who lives next to the Heart of the City Playground. read


Need to adopt Online Dispute Resolution Mechanism: Justice Dipak Misra

Justice Dipak Misra Judge at Supreme Court of India and executive chairman, National Legal Services Authority (NALSA), has stressed the need for innovative techniques like online dispute resolution mechanisms to increase greater outreach to the ultimate consumer of justice delivery services. read


Legal luminaries stress on pre-litigation mediation

INDIA: Supreme Court judge Justice Dipak Misra has laid stress on the need for giving legislative back-up to pre-litigation mediation and building national and state legal policies on mediation on the second day of Global Pound Conference. read


Ag Mediation Services Are Available

The South Dakota Department of Agriculture’s Agricultural Mediation Program is available for farmers and ranchers in financial distress. read


Colorado governor approves public records mediation

Colorado has a new law encouraging citizens and state agencies to resolve public records disputes outside court. The new law offers mediation as an option when a citizen wants to challenge a government agency's denial of his or her request for public records. read


Trials may be vanishing but not the need for mediation

The phenomenon known as the “vanishing trial” has been a topic of serious discussion, and in some quarters, serious concern, since statistics showing a marked decline in the number of criminal and civil trials were first reported in 2004. read


Mediation at the core of training to help veterans

Far from foreign battlefields, David Felty is learning to help military veterans resolve conflicts of a different sort. read


Do not treat mediation as routine and ordinary

Preparation is the key to success. As lawyers and advocates for our clients, this is not a foreign concept to any of us. However, when it comes to mediation, I (Tom) have found that attorneys sometimes forget this key advice. read


Lawmakers hit freestanding emergency rooms with mediation and disclosure requirements

The TX House voted 129-11 in favor of the Senate's version of a bill that will force freestanding emergency rooms and other out-of-network providers into mediation with customers who dispute surprise bills The law also requires that bills sent to patients include a prominent explanation of the mediation process. read


Mediation agency celebrating its 30th anniversary

What began 30 years ago as a way to help people resolve disputes affordably, the Mediation and Training Collaborative will mark its anniversary with a celebration that’s open to the public. read


Concord adopts rent mediation program

A year after a group of Latino residents seeking relief from soaring housing costs in the Monument Boulevard neighborhood spurred a debate over rent control, city leaders have established a process for tenants to appeal large rent increases. read


Students talk it through with peer mediation

'I never saw conflicts resolved in that way; I just saw them ignored or people yelling at each other.' read


Mediators Share Advice on Managing Outside Counsel

Most cases resolve at some point, and early mediation lowers the costs incurred in litigation. In going even further though, I would advise in-house counsel to challenge some of the common practices litigation counsel often employ. read


The Mediator’s Proposal As A Tool For Litigants

Should a mediator — the legal neutral to the dispute — try to resolve the case by issuing a nonbinding proposal based upon a dollar amount that he feels could be accepted by the parties? read