Mediation in Today's News

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August 2013
8/15
Mediator's Proposal Accepted by Minnesota Orchestra Musicians, Rejected by Board

There are new developments regarding the future of the Minnesota Orchestra. A push to get negotiations up and running again have appeared to stall. A mediator's proposal that was accepted by the musicians, but rejected by the board. At this point, it's unclear why the board rejected the proposal.

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Judge appoints mediator for Detroit bankruptcy

The judge handling Detroit's Chapter 9 bankruptcy case has appointed Detroit chief federal judge Gerald Rosen as a mediator in the case. Rosen said in a statement Tuesday that his aim is to bring those involved in the bankruptcy case together "in a neutral forum, away from the glare of the spotlight" and resolve as many disputes as possible. He says he'll work with a small team of other mediators.

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8/14
Mediation vs meddling

Dina Ezzat wonders how foreign influence can shape the management of Egypt’s ongoing political crisis

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Firing of employee after his angry outburst during mediation did not constitute retaliation

While the anti-retaliation provision of Title VII of the Civil Rights Act of 1964 does not prohibit all employer action after an employee has filed a discrimination charge or lawsuit, it precludes employers from taking an action that might dissuade a reasonable employee from making or supporting a discrimination charge. Recently, the Seventh Circuit Court of Appeals reviewed the retaliation claim of an employee who had been fired after verbally accosting the employer’s representatives at a mediation and determined that such a firing was not the type of action likely to keep reasonable individuals from filing discrimination claims and, therefore, was not retaliatory.

 
The Duty Of Candor In Mediation

Much has been written about the extent to which candor during mediation is required. Some authors argue that deception is part of the "game" of negotiation and is fully expected to occur, whereas others argue that legitimate negotiation requires complete honesty. This article addresses the issue not from the perspective of scholarly debate, but based upon application of the Georgia Rules of Professional Conduct and the Professionalism Principles adopted by the Chief Justice's Commission on Professionalism.

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Raleigh city planner punching incident resolved with mediation, apology

A former city employee accused of punching planning director Mitchell Silver has agreed to settle assault charges with an apology and a small fine.

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Thailand: 'Medical mediator' to aid foreigners

The Public Health Ministry will set up a "medical mediator" group to handle disputes over bill payments for treatment involving foreigners and hospitals in Thailand, Health Minister Pradit Sintawanarong said. The mediator group will comprise 18 members, from both public and private medical organisations and representatives from Foreign Affairs Ministry, Thai Life Assurance Association and Healthcare Accreditation Institute (Public Organisation).

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8/13
Coffee Deprivation, Exhaustion, and Spying: The Inside Tricks Of Peace Negotiations

As Israeli-Palestinian talks heat up, former negotiators talk about the nuances of keeping two sides at the table until they agree (even if all they end up agreeing on is the shape of the table).

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8/12
S.Korean former "comfort women" seek mediation

12 South Korean women who say they were forced to provide sex to Japanese soldiers during World War Two have sought court mediation to receive compensation from Japan's government. The plaintiffs requested civil mediation by the Seoul Central District Court on Tuesday. They're seeking an apology from the government and compensation of about 90,000 dollars each.

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Slack demand, but big promise still seen for Hurricane Sandy insurance mediation

Aerial view of the barrier islands of Ocean County after Hurricane Sandy wreaked havoc on the Jersey Shore. A program that offers free mediation of Hurricane Sandy insurance claims has been met with slack demand, but success for some.

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JLo turns mediator for Simon Cowel, Lauren Silverman

Music mogul Simon Cowell is reportedly taking Jennifer Lopez's help to communicate with socialite Lauren Silverman, who is expecting his baby.

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Oak Park mediator helps condo owners resolve disputes

John Cabral is striving for a peaceable kingdom. Cabral, a 20-year Oak Park resident, is a professional mediator, and perhaps the best-known Midwest mediator who specializes in condominium association conflicts.

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Mediators talk with prisoners as hunger strike reaches one month mark, situation remains critical, negotiations crucial

August 8 marks one month for prisoners on hunger strike throughout the California prison system. Earlier today, the mediation team working on behalf of the strikers was able to speak to the prisoners at Pelican Bay who initially called for the strike.

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Rock Hill senator: I’ll mediate county museum dispute

As York County and the Culture and Heritage Foundation prepare to go to court over 340 acres of land and disclosure of financial records, state Sen. Wes Hayes says he’s willing to step in and help the two parties resolve their dispute. The Rock Hill Republican said Friday he has been asked if he’s willing to be a mediator between the foundation and the county.

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New Smyrna Beach headed to mediation with apartment developer

The city is headed to mediation later this month with a development company that filed a federal lawsuit claiming city officials violated state and federal fair housing laws by blocking an apartment complex that would have included low-income units.

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Egypt's top sheikh begins mediation efforts

The head of Egypt's leading Islamic authority Al-Azhar, Sheikh Ahmed al-Tayeb, has begun calling on political powers and public figures to attend a national reconciliation meeting later this week.

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8/05
Oregon AG Rosenblum: Revamped foreclosure mediation is a win-win

It’s no secret that participation has been disappointing in the first year, due largely to the unilateral decision by many of the largest banks not to participate. Only a tiny fraction of the requested mediations have actually taken place. The good news: The new and improved mediation program no longer allows banks to bypass the program.

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Key Brotherhood strategist snubs mediation bid

Cairo: The Muslim Brotherhood’s influential official Khairat Al Shater has refused to meet an international team in his prison to negotiate an end to the country’s crisis triggered by the army’s overthrow of Islamist president Mohammad Mursi, his daughter said Monday.

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Mediation Perspectives: Six Women Building Peace in Myanmar

As in many other contexts around the world, it is mainly men who sit on both sides of Myanmar’s negotiating table. However, the recent dialogue between the government and the Karen National Union (KNU) was an exception in that it was the first time talks were headed by a woman. Several members of the KNU peace negotiation team are also women, among them an influential legal expert. Additionally, several women sit in the negotiation room as observers and provide feedback to both sides after negotiations.

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South Africa Mining Labor questions ‘impartiality’ of CCMA mediation

Tension looks set to continue in gold sector wage negotiations with the Association of Mineworkers and Construction Union (Amcu) on Friday criticizing the relationship between the three rival unions that saw them conduct a "very concerted effort to portray Amcu as very arrogant and positional" ahead of talks with seven gold producers.

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Lee County NAACP to seek federal mediation with sheriff

The Lee County NAACP has sent an email to sheriff Mike Scott telling him that it will ask the United States Justice Department Community Relation Service to provide federal intervention and mediation in the dispute between the sheriff and the group.

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US Intensifies Mediation Efforts in Egypt

Two U.S. lawmakers and a top diplomat are in Cairo attempting to mediate an end to the standoff between Egypt's military-backed government and supporters of ousted President Mohammed Morsi. U.S. Deputy Secretary of State William Burns met with a jailed senior leader of the Muslim Brotherhood after talks with the nation's interim leaders. U.S. Senators Lindsey Graham and John McCain are also expected to meet with the transitional military leadership.

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State starts do-over on foreclosure mediation

Oregon's foreclosure mediation program launched last July to a lot of fanfare, then promptly fizzled when it got almost no participation. The do-over starts today.

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Egypt mediation gathers pace but Brotherhood leaders face trial

Egypt's army-installed government said on Sunday it would give mediation a chance to resolve the crisis brought on by the overthrow of Islamist President Mohamed Mursi, but warned that time was limited.

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8/02
Clifton judge sends criminal cases involving Paterson councilman to mediation

The cloud of possible criminal charges will remain over Councilman Mohammed Akhtaruzzaman for a while longer. At a hearing in municipal court in Clifton on Tuesday, Judge Scott Bennion referred two cases involving the councilman to mediation instead holding a trial on them.

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Mideast Mediator Martin Indyk Draws Ire From Both Sides of Israeli Spectrum

Political wisdom has it that being attacked from both ends indicates that one’s positions are safely in the center. But for Martin Indyk, it is also yet another sign of his conflicted image in the world of Middle East peacemaking: too pro-Israeli in the eyes of Israel’s critics, and at the same time too tough on Prime Minister Benjamin Netanyahu for many Israelis.

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News Analysis: Ashton's mediation likely to speed up national reconciliation

Photo shows Egypt's interim Vice President for International Affairs, Mohamed El-Baradei (R) and European Union (EU) foreign policy chief Catherine Ashton holding a joint press conference at the Presidential Palace in Cairo, Egypt. Ashton said that Egypt's deposed President Mohamed Morsi, who she met late on Monday, is in good health and has access to the news.

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Mediation begins on Port Angeles woman's discrimination complaint

Mediation negotiators are attempting to resolve a racial and sexual discrimination complaint filed by an African-American woman against Clallam County. The meeting in the federal building in Seattle is between legal and governmental representatives for the county and Dale Holiday, grant coordinator for the county's Health & Human Services Department.

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Focusing on the Child's Viewpoint in Divorce Negotiations

As mediation takes an in-creasingly prominent role in the family law arena, elements of the process have become more familiar culturally. Among these are: the opportunity to craft individualized solutions; autonomy in decision-making; voluntary participation; and low costs. Parties choose to mediate, as an alternative means to crafting a divorce settlement, for a broad range of reasons, including to maintain some measure of goodwill, peace and cooperation—particularly when the divorcing couple has children.

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Mediation underway for human rights complaint against Jenny's Bridal

The transgendered bride who accused a local bridal store of discrimination met with the Saskatchewan Human Rights Commission Thursday. Rohit Singh claims she wasn’t allowed to try on wedding gowns at Jenny’s Bridal Boutique. According to Singh, staff told her men aren’t allowed to try on the dresses. Rohit Singh spoke to reporters after her mediation with the Saskatchewan Human Rights Commission and Jenny's Bridal Boutique.

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Egypt crisis in stalemate amid EU mediation bid

Egypt is mired in political stalemate despite the diplomatic efforts of a top EU official, with the threat that protests will be forcibly dispersed hanging overhead. EU foreign policy chief Catherine Ashton flew out empty-handed on Tuesday, after three days of talks aimed at finding “common ground” between the army-installed interim government and supporters of ousted president Mohamed Morsi. A picture of Egypt's ousted President Mohammed Morsi decorates a makeshift barricade in Nasr City, where protesters have installed a camp and hold daily rallies, in Cairo.

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Rhode Island adopts foreclosure mediation

Effective September 1, 2013 through July 1, 2018, the new law requires mortgagees or their servicers or agents to provide borrowers who are not more than 120 days delinquent written notice that foreclosure cannot proceed without the borrower first having an opportunity to participate in a mediation conference.

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LAPD Starts Mediation Program to Address Racial Profiling

The voluntary mediation program could relieve tension between police officers and people who feel unfairly targeted by them.

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July 2013
7/30
A Small Town Lawyer's Perspective: Keys to a Successful Mediation

Lessons learned, solutions devised, challenges met, during a 35+ year career as a trial lawyer in the U.S.A.F. JAG Corp, and in a small, North Central WV, county seat.

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Which Would You Choose -- Mediation or Litigation - When Seeking Child Support Modification?

3 Reasons to Suggest Mediation When Your Former Spouse Seeks to Modify Child Support - Money, Time, Self-determination

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LAPD to try voluntary mediation in racial profiling cases

The Los Angeles Police Department on Tuesday received the go-ahead to launch an experimental mediation program for racial profiling cases. The three-year pilot program, approved Tuesday by the Police Commission, will give an officer accused of racial profiling and his accuser the option in some cases to meet face to face to discuss the encounter. Participation in the meetings will be voluntary for both sides, and neutral volunteers trained by city officials will mediate the sessions. The goal, LAPD Cmdr. Rick Webb said, is to have officers and their accusers "stand in each others' shoes."

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UK: Divorce is messy. Sometimes mediation won't work

In support of the new measures the government cites National Audit Office figures that show the average length of time for a mediated case to be completed is 110 days, compared with 435 days for court cases on similar issues; and that where cases are publicly funded, the average cost per client of mediation is £535 compared with £2,823 for cases going to court. But there are legitimate questions to be asked about whether these new measures will make any difference.

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European Union to continue Egypt mediation: Ashton

The European Union will continue its efforts to mediate an end to the crisis in Egypt, foreign policy chief Catherine Ashton said on Tuesday at the end of a visit to Cairo.

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Minnesota Orchestra dispute calls in international mediator

Former US Senate Majority Leader George Mitchell is the latest to become involved in the long-running Minnesota Orchestra dispute over musicians' pay and contracts, according to sources close to the orchestra.

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More winning financial support from children through mediation

More parents are resorting to mediation to get financial assistance from their children. Last year, 303 cases were handled by the Office of the Commissioner for the Maintenance of Parents, which arranges for the mediation, up 13 per cent from 269 in 2010.

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Singapore: More associations choose mediation as first step in resolving disputes

Four more associations will now have mediation as a first step in resolving disputes with consumers, after they signed a Memorandum of Understanding (MOU) with the Consumers Association of Singapore (CASE) on Monday.

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Offer some oxen: How tribal mediation works

Although Yemen operates government courts and has laws aimed at ensuring societal order, due to what many academic studies call a long history of tribal governance and arguably a weak central power, many of the country’s roughly 24 million inhabitants put their faith in a tribal justice systems when it comes to resolving disputes – some as minor as a verbal insults and some as sizeable as murder.

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Naming mediator brings authority to fractious Detroit bankruptcy case

Of all the legal maneuvers so far in Detroit's bankruptcy case by unions or the city's emergency manager, the one that may have the most impact was when the judge decided to name a mediator.

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7/29
Technology: using iPads for mediation, arbitration and trials

Because of its compact size, intuitive operating system and long battery life, the iPad offers some real advantages over the traditional laptop in many situations. As an initial matter, the iPad is much less obtrusive at the counsel table or at a podium than a laptop. It is also great for note taking, presentations, research and document review. In a recent mediation in which I participated, three of six attorneys used iPads as their note taking tool, and two made very effective presentations using only the iPad and a projector.

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Lesson in mediation from Kansas City's mayor

“If you successfully mediate,” he told the children, “at the end they have fashioned their own solution to the problem. And they are more likely to stick to it. Why? Because it’s theirs.”

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Coaching Divorce Clients for Mediation Negotiations

A growing number of family lawyers are coming to appreciate that although they frequently operate from the sidelines in divorce mediation—since most, if not all, of the mediation sessions are conducted without counsel at the table—they nevertheless have a vital role to play and can add real value to the mediation process.

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EU's Ashton on mediation mission to Egypt post Cairo violence

Cairo: The European Union's foreign policy chief was scheduled to hold crisis talks in Cairo on Monday after the weekend killing of at least 72 supporters of Egypt's deposed Islamist president plunged the pivotal Arab country deeper into turmoil.

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7/23
Detroit bankruptcy to get a mediator; federal judge Gerald Rosen is apparent pick

A federal judge is set to appoint a mediator to rule on disagreements between Detroit and its creditors during the city’s Chapter 9 bankruptcy case. U.S. Bankruptcy Judge Steven Rhodes signaled in a filing today that he plans to appoint Gerald Rosen, chief district judge of the U.S. District Court for the Eastern District of Michigan, as mediator in Detroit’s bankruptcy.

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Your Demeanor Can Affect Your Divorce Mediation

Your demeanor in the process can mean the difference between a successful or failed mediation.

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Matchmaking app for murder mediators

New Orleans based Skip Nicholas owns a fried chicken restaurant and a car wash, and was one of the rappers behind the Southern hit “Nolia Clap.” That makes him a legitimate local celebrity. And his celebrity-dom has made him a conflict mediator who stops murder. While that description might sound like some sort of ungodly hybrid between a superhero and Jerry Springer, the work Nicholas does is actually extremely serious.

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Former DOJ official: Civil rights unit sent to mediate anti-Zimmerman protests has history of advocacy

The Department of Justice civil rights unit sent to Sanford, Florida in 2012 to mediate the anti-George Zimmerman protests has a history of putting racial advocacy ahead of its mandated duties, according to a former head of the unit.

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