Mediation in Today's News

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September 2018
9/26

The Ghost in the Room: Mediation and the Courts

The management of burgeoning civil dockets, budgets, courtroom facilities, scheduling pressures and the occasional good old-fashioned desire to punt on complex dispositive motions, have all played a part in causing courts to claim a vested interest in both mediations and their outcome.

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New Law Requires Advance Mediation Disclosures

Newly-enacted CA Evidence Code section 1129 requires attorneys to notify clients about the confidentiality of mediation proceedings before the clients agree to participate in mediation. Attorneys must provide written notice and obtain a signed acknowledgement. The new law takes effect on January 1, 2019.

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Neighborhood disputes turn into little wars all over the city.

The outrage people feel over these seemingly petty concerns can turn formerly cordial next-door neighbors into next-door enemy combatants.

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Florida 'Best and Brightest' bonus lawsuit heads to mediation

A year-old case contending Florida's "Best and Brightest" teacher bonus program discriminates against educators of a certain age or race is headed to mediation in November.

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Subway restaurant, a sign and a little boy display mediation at its best

A resident who had a problem with a sign at a Catonsville business voiced his concern, and he and the business owner worked out the problem on the spot.

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Community Voices through mediation

As a lawyer and mediator, I’ve seen lots of conflicts. Most people don’t understand what mediation is, just how broadly it can be used, and the range of value it brings to resolving private and public conflicts.

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9/21

82 prisoners in La Union, Benguet freed via ‘justice on wheels’ - mediation

The fully air-conditioned EJOW bus has two main sections — the front section that serves as the courtroom and the rear section that serves as the mediation room.

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Neighborhood disputes turn into little wars all over the city. Give peace a chance — through mediation

The outrage people feel over these seemingly petty concerns can turn formerly cordial next-door neighbors into next-door enemy combatants.

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When Choosing the Right Mediator Don't Overlook Implicit, Cognitive Biases

Selecting the right mediator is a critical element to improving settlement outcomes. However, many advocates miss the opportunity to select a mediator who will increase the likelihood of a more favorable settlement.

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Ferris wheel lawsuit heads to mediation

A federal lawsuit about injuries from a 2016 accident involving a Ferris wheel owned by a Valdosta company has been ordered into mediation, according to court documents. Three children in Tennessee were injured after falling from a Ferris wheel owned by a Valdosta firm.

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Strike a Pose: How Body Language Can Aid Mediation

Lawyers are combat-ready when it comes to verbal communication. But we march into some of the most intense communication situations possible—depositions, jury selection, oral arguments, trial and mediation—without even basic training in nonverbal communication.

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All The Players But Mass. Join Housatonic River Cleanup Mediation

The U.S. Environmental Protection Agency and General Electric Co. are funding a new approach to negotiating an agreement on the cleanup of the Housatonic River. Just last week, many of the stakeholders met with an independent mediator. But one key player is choosing not to participate.

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9/12

Snezana’s story: From being bullied to ending conflicts at school

Peer mediators in Kosovo (SCR 1244) help keep school safe for everyone

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Toronto Maple Leafs: NHL enter mediation in concussion lawsuit

Fans of the Toronto Maple Leafs and the rest of the league watch on with interest, as the concussion lawsuit involving the NHL and former players enters mediation.

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Why mediation trumps suits in settling marriage disputes

There is a rising rate of divorce in Kenya and globally, as couples rush for annulment before exploring other options available to them. There are some marital issues that can be solved without getting into a hostile and dramatic court process.

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Mediation: How to resolve issues without wasting time and money

“An ounce of mediation is worth a pound of arbitration and a ton of litigation!” — Joseph Grynbaum

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Gwen Stefani and Gavin Rossdale in Mediation Over Custody Agreement

Gwen Stefani and Gavin Rossdale are in mediation over their current custody agreement, two years after reaching a divorce settlement.

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Professional mediation can help Everglades restoration

Independent mediators – what the researchers call "wetland restoration brokers" – could help navigate the economic and political pressures that make restoring wetlands and other natural resources challenging.

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9/05

Mediation, trial set in Camp Warrior dispute

The owners of a Jefferson County summer camp are heading into mediation with the Florida Attorney General's Office over allegations that they took payments from parents and did not refund them when the camp abruptly closed.

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Early mediation leads to better outcomes

A new study from researchers at Singapore Management University (SMU) has identified three crucial factors that influence the likelihood of a case being settled through mediation.

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State agencies seeing unprecedented demand for mediators

Instead of being in their classrooms, many Washington teachers are still on the picket line tonight. With unions and school districts still at odds, often an outsider is needed to bring both groups together. But, the state agency tasked with providing mediators is seeing an unprecedented demand for them.

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Judge orders mediation in fight over Commons Park in Minneapolis

Located across the street from U.S. Bank Stadium, the Commons Park in Minneapolis fills more than four acres of green space. While the park opened in 2016, it’s been at the center of a lawsuit for the past five years.

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Hey, Can We Talk? Mediation Might Help Reduce Evictions

When San Franciscans find themselves in conflict with a landlord, renter, roommate or neighbor, they’ve always had an option to avoid legal combat: mediation. So far, however, mediation has been used mainly to settle disputes short of tenant-landlord Armageddon — eviction.

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August 2018
8/28

Homeowners Facing Foreclosure Get Free Mediation Counseling Against Lenders

NEWARK, NJ - A new state program will offer mediation counseling services to New Jersey residents facing foreclosure, giving them at least a fighting chance when going up against lenders during the legal process.

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Lewandowski lawsuit against neighbors could be resolved through mediation

A former campaign manager for President Donald Trump indicated Monday that he might be willing to drop a lawsuit he filed against his neighbors in Windham.  The dispute involves use of an easement during garage construction

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What Can Advisors Do When Family Disputes Threaten Client Wealth?

Expensive lawsuits or standoffs that damage businesses the family is arguing about can threaten the very work you’ve done over time. You’ve tried to preserve wealth and keep families on track. They can ruin your best efforts.

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8/22

Mediation 2018: Trends & Conclusions

Mediation has solidified its position as an ADR mechanism for commercial conflicts in several jurisdictions, thanks partly to the now “indescribably expensive” fees associated with litigation and arbitration globally.

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Promoter-investor disputes may be solved by mediation

Although most transaction documents specify arbitration as the preferred mode of dispute resolution, mediation is also worthy of consideration for a speedy and affordable resolution.

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USA Gymnastics president: mediation with Nassar survivors

USA Gymnastics President Kerry Perry said representatives for both the organization and athletes who were abused by Nassar — a former national team doctor who abused hundreds of women under the guise of medical treatment — met last week. Perry called the mediation talks “not only productive but continuing to move us down the path of resolution.”

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8/10

This iconic UN mediator became the first black person to receive a Nobel Peace Prize

On this day in 1904, iconic African-American diplomat, civil rights activist, academic and political scientist Ralph Bunche was born in Detroit, Michigan.

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Judge asks lawyers to consider allowing mediator to step in for dispute over police tapes

A possible solution to resolve a dispute in South Bend over police tapes. A judge is now asking lawyers for the South Bend Common Council, mayor and several police officers to consider allowing a mediator to step in.

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Marin County fine tunes mediation law to encourage cities to follow

With several Marin cities and towns considering adopting a mandatory mediation law similar to the county’s, supervisors this week moved to fine-tune the ordinance.

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Early mediation leads to better outcomes, study says

A new study from researchers at Singapore Management University (SMU) has identified three factors that influence the likelihood of a case being settled through mediation. According to the study, the courts should consider the timing of referral, the stage of litigation and the level of contentiousness when deciding whether or not to refer to mediation.

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8/06

Parkridge mediation effort begins

Office of Neighborhoods Director Debbie Sharp called the service “Knoxville’s best kept secret.” She was speaking to a group of Parkridge neighborhood residents last week at the O’Connor Senior Center about the Community Mediation Center.

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Meister, Village agree to enter into mediation

The Village of Yellow Springs has agreed to enter into mediation with Yellow Springs Police Corporal Dave Meister, according to Village Solicitor Chris Conard this week, regarding a dispute over proposed disciplinary actions that has lasted more than a month.

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Young jury trial postponed; prosecutor hoping mediation works

The trial for Victorya Paige Young, one of five co-defendants in the Jared Banta murder case, set for Monday morning in Franklin County Circuit Court was postponed. According to prosecutor Ronnie Goldy, the jury trial was postponed in the hope that criminal mediation with Young, an alleged witness to the robbery and shooting death of the 21-year-old Pizza Hut employee, will lead to a plea agreement.

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Bob Buckley: Mediation can be helpful in many cases

Lawyers call it alternative dispute resolution. Many of us who practice in civil litigation consider it an assault on the right to trial by jury. Mediation and arbitration are the primary methods of alternative dispute resolution. Mediations are useful and do not constitute an assault on the constitutional right to trial by jury, but arbitration in many instances is.

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Shanghai mediators take heat out of disputes

The Shanghai Justice Bureau has honored 200 individuals and 100 organizations for their contributions to mediating conflicts between local residents. Mediation has become an effective channel in solving family and neighbor disputes that might otherwise end up in court, The city now has 27,000 mediators, including more than 8,700 working full time. They have resolved more than 1.5 million disputes.

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Ryanair pilots agree to third-party mediation

Ryanair pilots who have been staging a series of strikes have accepted the airline's proposal for mediation.

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Good Faith Negotiations at Mediation

I have seen many good faith negotiations sabotaged by parties using a variety of bad faith negotiation tactics, many of which are repeated all too often and can ultimately prevent a settlement.

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City, county and UCD headed to mediation over LRDP

The city of Davis and Yolo County have agreed to participate in mediation with UC Davis with the goal of resolving concerns over the campus’ recently approved long-range development plan and its environmental impact report.

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8/01

Portsmouth chief’s assault case going to mediation

Six weeks after a judge allowed an assault and battery allegation against Police Chief Robert Merner to proceed to trial, lawyers for Merner and the couple suing him have agreed to try and mediate the case.

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NRA spokeswoman Marion Hammer sues over threats, demands in excess of $1 million

Marion Hammer, the longtime voice of the NRA in Florida and one of the most influential gun lobbyists in the nation, is demanding in excess of $1 million in a suit for injuries and damages filed Friday in federal court in Tallahassee. Hammer, 79, claims California mediator Lol Sorensen and others crossed the line when they called her profanity-laced names that cannot be printed here.

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‘What goes on behind closed doors…’

One of the great strengths behind mediation, whether conducted before the issue of proceedings or after, is that it allows the parties to have frank discussions about their dispute. The law protects the secrecy of those discussions by two methods.

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Rachel Viscomi named director of the Harvard Negotiation and Mediation Clinical Program

Rachel A. Viscomi has been appointed assistant clinical professor of law at Harvard Law School and named director of the Harvard Negotiation and Mediation Clinical Program (HNMCP). She was formerly a lecturer on law at HLS and the acting director of HNMCP.

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Why Hostility Can Bring People Closer Together

Surprisingly, however, new research that my colleagues and I conducted suggests that, to effectively help people resolve their conflicts, mediators should adopt a hostile attitude rather than a calming one. A hostile mediator, we find, induces better results than a nice one.

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When Matrimonial Attorneys Become Divorce Mediators

Many matrimonial attorneys will take on divorce mediation cases and agree to act in the capacity of divorce mediator. Sometimes, the attorneys are trained and experienced in divorce mediation, whereas other times they are not. The results will vary based on the mediator’s understanding of how divorce mediation should be conducted.

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July 2018
7/24

Wanted: mediator to end America's longest war

Afghanistan has lately seen many countries seeking a role in starting a peace process. With the US now open to talks with the Taliban, such negotiations will need a third party well versed in the skills of conflict resolution.

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The Town of Huntington entered into a mediation agreement this week to resolve litigation surrounding the Northport power plant.

Officials said the town has entered into the non-binding mediation agreement with Marty Scheinman, an attorney whose Port Washington-based firm offers high-profile arbitration and mediation services.

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Mediation Perspectives: Women Mediators' Networks

This article explores the reasons for the growth of women mediators’ networks, and attempts a tentative analysis of where we stand in order to provide ideas for future efforts.

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United Nation treaty on business mediation to be named after Singapore

For the first time, a United Nations treaty will be named after Singapore. The Singapore Convention on Mediation, an agreement covering corporate contract law, is set to be signed right here in August of 2019.

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