Mediation in Today's News

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April 2021

4/20

DU Law Faculty’s 2nd international conference on mediation to start April 22

The conference is being organised by Law Centre II along with Samadhan: The Delhi High Court Mediation & Conciliation Centre and Delhi School of Public Policy and Governance, Institute of Eminence (IoE), the University of Delhi under the action research project of the Department of Justice, Ministry of Law & Justice.

Judge weighs in on TriHealth dispute with doctors

A Hamilton County judge has issued an order in a lawsuit filed by one of Cincinnati's largest hospital systems against a group of doctors attempting to leave to form its own medical group.

International Patent Litigation and Mediation - A neutral’s view from Europe

As many of you may know, mediation is not used as often as it should be to resolve international patent litigation. This has certainly been my experience over a long period as a patent litigator in private practice. But is this also the case within the industry? We have recently been given a rare and most helpful insight.

Lawmakers call for mediation between Lincoln Library and Museum and foundation

Illinois lawmakers are urging representatives from the Abraham Lincoln Presidential Library and Museum and the Abraham Lincoln Presidential Library Foundation to work out their differences through mediation.

U.S. Army Corps of Engineers, City of Augusta go to mediation over Lock and Dam

The court battle continues over the future of the Savannah Bluff Lock and Dam. The City of Augusta and the U.S. Army Corps of Engineers had a mediation meeting Friday as they work to find common ground. Until then, future plans are on halt until a deal is worked out.

Effective Mediation Techniques For Complex Cases - Part 2
Part Two of Effective Mediation Techniques for Complex Cases focuses on the timeline and mechanics of such mediations and includes an analysis of in-person vs. Zoom or other virtual platforms for mediations.

Furloughed Biltmore Employees Head to Mediation Next Week

The difference between a furlough and a termination of employment affects Four Season’s obligation to pay its former employees millions of dollars in severance compensation. Four Seasons has agreed to attempt a resolution of the legal action at mediation which is scheduled for April 30, 2021.

4/13

Tips for a successful mediation from a former judge

Once counsel and client conclude that mediation is an appropriate method of resolving their dispute, there are a number of basic planning and organizational steps that will enhance the possibility the mediation is successful. While many of the fundamentals still hold true, I’d like to offer some additional insights based on what we’ve seen over the years and the last year, in particular.

Should I Skip an Opening/Joint Session in a Construction Mediation?

Mediation is a dispute resolution process that involves people who have feelings, goals, and marching orders. It is not simply an emotionless calculator for determining a monetary settlement.

California ‘Breslin’ Probate Decision Allows Trial Courts to Compel Trust Beneficiary Mediation

The California Breslin v. Breslin decision gives California probate courts newly expanded authority to compel beneficiaries—including charities—to mediate or potentially forfeit their interests in a disputed trust.

Supervisors to attempt mediation over drainage issues
Louisa County supervisors are tiring of receiving calls from local property owners upset over drainage issues in the south end of Wapello, so they agreed during their regular weekly meeting on Tuesday to attempt a mediation of the issue.

Akron court piloting new online mediation program

Akron Municipal Court has been selected to pilot an Online Dispute Resolution (ODR) process. The court was among 17 courts statewide chosen by the Ohio Supreme Court to try out the program.

Mediation can help landlords, tenants

Hawaii’s low- and moderate-income residents have historically faced a number of barriers to accessing justice. The COVID-19 pandemic has highlighted this concern even more as our community prepares to deal with a flood of landlord-tenant disputes over unpaid rent and other expenses, once the statewide moratorium on evictions is lifted.

Co-Mediation Of Insurance Issues In Bankruptcy Cases
With courts currently closed or restricted to virtual hearings in an effort to limit COVID-19 exposures, mediation has taken on special importance in a wide range of cases. In the bankruptcy context, mediators have been working to help parties achieve economically sensible, value maximizing solutions to the kinds of issues that often separate debtors and creditors

4/06

Philadelphia Tries Mediation to Prevent Evictions

The coronavirus pandemic has put pressures on tenants who lose work, and the landlords who lose rent income. This program tries to help both.

Mediation Agreement Calls for Deferred Sentence for Woman Who Struck Child Getting Off Bus

Patricia Ann Berliner entered an Alford plea to criminal endangerment on March 25; agreement includes community service, pledge to ‘raise awareness about bus safety’

Civil rights lawsuit against Charlottesville police officers headed to mediation

A lawsuit filed on behalf of several Albemarle County residents against two Charlottesville police officers accused of violating their civil rights by stopping their car while out of their jurisdiction is heading to mediation following a judge’s order.

Notes From the Judge: Keys to a Successful Mediation

Almost eight years ago I authored an article titled “10 Tips for a Successful Mediation,” and here we are more than 1,000 mediations and arbitrations later. I thought now would be a good time to revisit that topic as these suggestions are shared against the backdrop of the COVID-19 pandemic and its impact on the courts and current settlement practices.

Ammon Bundy case heads to mediation

BOISE, Idaho (CBS2) — The ongoing Ammon Bundy case is headed to mediation. A judge on Friday scheduled Bundy to head to a mediation conference with Magistrate Judge Greg Kalbfleisch, who's out of northern Idaho on April 26.

Relaunch of the Human Relations Commission Mediation Service Virtual News Conference

Toledo Mayor Wade Kapszukiewicz will hold a virtual news conference at 10 a.m., Wednesday, April 7 to announce the relaunch of the Toledo Human Relations Commission mediation service.

Chavez counters social justice groups, pitches eviction mediation program

Fresno City Council will consider a new program that is designed to protect tenants from unlawful evictions after California’s COVID-19 eviction moratorium ends in June. Council President Luis Chavez is proposing the rental mediation program on Thursday, which will officially be known as Keep Fresno Housed.

Lawyer says mediation resolves feud among Jordan royals

BEIRUT (AP) — Mediation between Jordan’s King Abdullah II and his outspoken half brother, Prince Hamzah, successfully de-escalated one of the most serious political crises in the kingdom in decades, the palace and a confidant of the prince said Monday.

March 2021

3/30

Discipline, Grievances and the Road Not Often Taken

Mediating grievances can save time, money and resolve problems. Why is it not done more often?

England: Divorcing couples to receive £500 mediation voucher

Divorcing couples are set to receive a £500 tax-free voucher for mediation in a UK government bid to ease pressure on the courts following the Covid-19 pandemic.

Mediation in the Public Sector

In countries with a continental European legal tradition, it is very rare for State institutions to undergo mediation procedures. And even if they do, it is highly unlikely that they would reach binding agreements that would resolve their disputes. Nonetheless, Ecuador is an exception.

NH landlord-tenant mediation could be national model, delegation says

New Hampshire’s congressional delegation is calling on the U.S. Department of Housing and Urban Development to promote landlord-tenant mediation programs they say would help prevent evictions.

How Mediation Can Help Both Sides Win a Trade Secret Case

Mediation is the natural, organic solution to the typical trade secret case that takes on a life of its own, becoming a soap opera for the participants. Properly engaged…it supports the parties in identifying the real problems and preparing for solutions to emerge.

3/23

Employment mediation tips and tricks

Dispute resolution—including those related to employment—are important parts of the law. With dispute resolution, you have a mechanism that will help you beat those lengthy and costly court cases. However, if you want the best results from an employment case, employ the right strategies. The following tips will help you get it right when it comes to dispute resolution.

Los Altos council member, activist agree to mediation

An announced mediation effort to settle a dispute between a young Black leader and a Los Altos City Council member met with a mixture of hope and skepticism from speakers at last week’s council meeting.

Blog: Benefits of Mediation When Divorcing During a Pandemic

If you are considering divorce during this time, you are clearly not alone. If the idea of dealing with the court system and the typical expenses of the traditional process does not appeal to you however, you’re also not alone. Mediation is an avenue for obtaining a divorce quickly, safely, confidentially, and cost effectively, especially during Covid-19.

Pulaski Street Elementary School learn peer mediation

Fifth grade students from Pulaski Street Elementary School participated in a peer mediation training hosted by EAC Network’s Long Island Dispute Resolution Center. “We are proud of these students,” said library media specialist Amelia Estevez Creedon. “They learned skills that will help them succeed and work cooperatively in school and in their future careers.”

County, cities conclude mediation; will discuss ‘revenue sharing’ to resolve dispute

ROCKINGHAM — The mediation between Richmond County and the cities of Rockingham and Hamlet regarding what the cities allege was a breach of contract by the county has concluded with a “tentative agreement” to discuss a solution to the battle over the sales tax distribution method.

3/16

Los Altos council member, activist agree to mediation in racism debate

Los Altos Mayor Neysa Fligor signaled a possible breakthrough Tuesday night in the back-and-forth debate over Councilmember Lynette Lee Eng’s controversial Nov. 24 comments.

Conflict resolution, restorative mediation: Approaches help teens turn away from crime

Between the moment juvenile offenders first feel handcuffs on their wrists to the second they hear a jail door slam behind them, they have many opportunities to turn away from crime. Even while they’re behind bars, programs have been developed to steer them toward positive, crime-free lives.

Preparing For Mediation In Bankruptcy

Facilitative mediation continues to grow as a preferred method to resolve disputes, especially in bankruptcy proceedings.

Former NFL players seek to intervene in race-norming mediation, citing mistrust of class counsel

Players allege that a discriminatory system has emerged under the settlement.

Mediation sought in Bennington arts center disputes

Parties involved in legal disputes focused on the former Bennington Center for the Arts are moving toward a formal mediation process, which could lead to the property being offered for sale.

Free mediation service in Savannah for landlord-tenant cases when eviction moratorium expires

Savannah Mayor Van Johnson announced a new partnership between several non-profits that will help keep people in their homes when a federal eviction moratorium expires at the end of March.

Mediation is a solution to COVID-19 insurance lawsuit deluge

The expense and corollary issues around business-interruption claim litigation should make mediation attractive to insurers and policyholders.

To resolve landlord-tenant disputes: Don’t wait, mediate

Hawaii’s eviction moratorium is currently set to expire on April 13. Even if the moratorium is extended, landlords and tenants will eventually have to resolve their disputes over unpaid rent, utilities and other monies owed. Now is the time for those with looming disagreements to consider their options for finding a resolution.

3/09

N.F.L. Asked to Address Race-Based Evaluations in Concussion Settlement

Mediation in the case could force a reopening of hundreds of denied dementia claims from Black players if race-based evaluation benchmarks are thrown out.

New pro bono mediation project resolves family law cases with less time, money

As with most things in 2020, the pandemic threw a wrench in the plan. In this case, the plan was for a new pro bono mediation project in the Marion County courts.

Richmond Heights residents revive community mediation committee

A group of Richmond Heights residents have come together to form a mediation committee and conflict resolution service aimed at resolving minor disputes among community members.

When Mediating in Colorado, Sign a Settlement Memorandum During the Mediation

In Tuscany Custom Homes, LLC v. John B. Westover, et al., No. 2020CA1724, the Colorado Court of Appeals held that post-mediation communications from a mediator memorializing the parties’ agreement reached during mediation (but not executed by the parties) and an unsigned settlement agreement formalizing those settlement terms were “mediation communications” under Colorado’s dispute resolution statute (C.R.S. § 13-22-302(2.5) & -307) and thus inadmissible evidence of a settlement agreement.

J. Michael McWilliams, a mediation lawyer who assisted in the 1978 gubernatorial campaign of Harry R. Hughes, dies

J. Michael McWilliams, a Baltimore mediation attorney who founded his own firm, participated in the 1978 gubernatorial campaign of Harry R. Hughes and then headed his transition team, died of complications from pneumonia Feb. 23 at Sinai Hospital. The Roland Park resident was 81.

3/02

Santa Rosa County reaches settlement over Navarre Beach's infamous 'Turner House'

After collecting dust and notoriety for the past 17 years, Navarre Beach's infamous "Turner House" — a dilapidated red brick home at the end of Gulf Boulevard that has sat dormant and derelict since Hurricane Ivan in 2004 — finally has a resolution in sight.

Rapper and actor Ice-T talks new show 'The Mediator with Ice-T'

"'The Mediator' is two people with any level of problem — it doesn't even have to have money involved — it's just a problem, and we try to get between them and solve their problem so they can live happily ever after," says the legendary rapper.

Singapore: Mediation may be made compulsory in cases of neighbour disputes

An inter-agency committee is conducting a “comprehensive review” of the Community Dispute Management Framework that helps to manage disputes between neighbours. Authorities could, for instance, make it compulsory for parties to turn up for mediation and counselling.

Judge sends New Palestine business dispute to mediation

HANCOCK COUNTY — The lawsuit filed by a New Palestine business owner against the town’s board of zoning appeals has been ordered to mediation. Judge Scott Sirk decided an outside mediator might have the best chance at helping the two sides reach an agreement.

Construction Mediation in India: An Adaptable Process for Resolving Disputes

Kamal Kumar Dubey explains the fine art of mediation and the role of the mediator in a dispute