Mediation in Today's News

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September 2020
9/30

Got Beef With a Miami Cop? Soon You Can Try Off-the-Record Mediation

Mediation proceedings will be kept private; both parties are required to sign confidentiality agreements

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How Zoom Has Changed Mediation in a COVID-19 World

"The Zoom boxes are a great equalizer. We have noticed that clients are taking a more active role in virtual mediations, perhaps due, at least in part, to the more equal way in which participants appear in the 'room'."

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Mediation process recessed until January for proposed RV resort at Buffalo Lake

A mediation process to help resolve a dispute surrounding a proposed RV resort along the south shore of Buffalo Lake northwest of Stettler has been recessed until January.

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Fair Housing Center's landlord-tenant mediation program off to successful start

Toledo Fair Housing Center president Marie Flannery estimates 60% of the cases that make it to voluntary mediation are resolved successfully.

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What to Expect at a Personal Injury Mediation

When you file a personal injury lawsuit in Florida, it is possible that your case will result in a voluntarily-negotiated settlement, and it is also possible that you will need a Florida personal injury lawyer to take your case to court. However, there is a third possibility as well: Your case could go to personal injury mediation.

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COMMON GROUND: Mediation Day offers free help with legal disputes

HANCOCK COUNTY — People locked in legal disputes have an alternative to settling cases rather than taking an issue to court. It’s called the Mediation Day program.

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9/22

Affirmed: “Cluttered” Website Means No Agreement To Arbitrate

Clean up that website!! “Clutter” may obscure and negate attempts to highlight terms and conditions that require arbitration of Telephone Consumer Protection Act (TCPA) disputes. A “hard to find [link to Ts & Cs] on a cluttered web page” can be a recipe for such a result.

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Court-Ordered Non-binding Arbitration: A Way to Move Your Case Forward During COVID

This article explores an alternative for civil trial attorneys to utilize court-ordered, nonbinding arbitration to move a case forward during COVID-19 restrictions.

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Here’s What the CDC Eviction Moratorium Means for Local Renters

The CDC issued a national moratorium on evictions on September 2; the order went into effect two days later and will run through the end of 2020. The news of the moratorium has been greeted with relief by local housing advocates and service providers, many of whom feared a spike in evictions in the late summer and early fall. Advocates, however, are also quick to point out two important caveats.

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There will be ‘flood’ of pending cases post-COVID, mediation needs to be emphasised: CJI

Justice Bobde stresses on need to focus on mental health

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The Court Annexed Mediation Mechanism: An Overlooked Avenue For Justice

Mediation, as a means of resolution of disputes, has been growing significantly over the past few decades in India. It is considered to be the most appropriate method amidst the 'Alternative Dispute Resolution' mechanisms as it is cost-effective, flexible, amicable and addresses the conflict in the most cordial of manners.

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Evictions firm to offer landlords and agents £100 mediation service to avoid court

Landlord Action and the Property Redress Scheme have joined forces to stop disputes over unpaid rent ending up in court, where they could wait 18 months to be resolved it is claimed.

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The Singapore Convention on Mediation promises 'flexible and affordable' dispute resolution

A welcome addition to the cross-border dispute resolution landscape has gone live

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Yes, mediation skills can be taught in an online setting

Any doubts John Sturrock had about the format were dispelled as participants declared it was surprisingly like ‘the real thing’

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COVID-19 increasing complexity in family law mediation

Pandemic has given clients a sense of urgency, says Nathalie Boutet, family lawyer and mediator

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Sparks props up eviction mediation while Supreme Court mulls statewide rules

Guidelines for alternative dispute resolution programs to be heard Tuesday

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Quebec's striking home daycare workers and Family Ministry begin mediation process

MONTREAL -- As 10,000 home daycare workers continue with day two of their strike a first mediation session got underway Tuesday morning.

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The Singapore Mediation Convention: Will It Enhance Mediation’s Effectiveness?

The Convention, which entered into force this month, should allow courts in the jurisdiction of enforcement to recognize and enforce settlement agreements directly.

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As Court Considers Parameters of Eviction Mediation Program; Debate on How Widely to Open Door

Under a proposal favored by the Legal Aid Center of Southern Nevada, either a tenant or landlord may request mediation of eviction proceedings, and an administrator must promptly schedule a mediation session for before the date of an eviction hearing.

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What if mediation does not work?

What do parties do when they cannot reach an agreement in a divorce or family law matter? The reality is that there are numerous possibilities.

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9/15

Whether And How To Compel Remote Arbitration

This article discusses the complex issue of whether and how an arbitrator can compel parties to participate in remote arbitration hearings amid the novel coronavirus pandemic.

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New Jersey Arbitration Agreements Need Not Designate a Specific Arbitrator or “Arbitral Forum” to be Enforceable
In Flanzman v. Jenny Craig, Inc., the New Jersey Supreme Court reversed the Appellate Division and held that an arbitration agreement may bind the parties even if the agreement does not designate a specific arbitrator, arbitration organization, or process for such a designation. read more

 

Mediation statements - what, why, how?

Mediation statement, position paper, summary – is the lack of a defined description a matter of semantics, or something more? So often, it will comprise a précis of the written pleadings, a section on why that party is almost certain to win at trial, followed by ‘nevertheless we are approaching the mediation in the spirit of settlement’. But who is that document for? And if we don’t know who it’s for, how do we draft it effectively?

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The Mediation Of Catastrophic Injury Medical Malpractice Cases

In order to reach a fair and equitable settlement when mediating catastrophic injury medical malpractice cases, it is essential for the respective parties to provide the mediator with detailed medical chronologies (timelines) and medical briefs in order for the mediator to properly prepare for the hearing.

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Here’s why pandemic is increasing mediation and arbitration cases

According to legal experts, there is one major advantage to taking your business dispute to mediation or arbitration instead of a jury trial.

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Remote Mediation: An Opportunity for Customization

Remote mediation has presented an opportunity to rethink the mediation process and brings a welcome change to typical daily patterns. Technology has opened the door to allow us truly to customize each mediation.

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9/08

New Jersey High Court Updates State’s Arbitration Case Law to Reflect Modern Business Practice

For the second time in a little over one month, the Supreme Court of New Jersey has issued an employer-friendly ruling upholding the enforceability of arbitration agreements in the employment context.

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One Way Happy Couples Argue That Differs From Ordinary Couples

Two new studies reveal the secret sauce: it’s the manner in which happy couples argue and under what conditions that makes them different from other couples.

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Commercial tenants prepare for the return of rent bills

With the moratorium on commercial evictions set to expire on Sept. 30, the Santa Monica Chamber of Commerce, with the help of lawyers from Pettit Kohn, held a Zoom presentation last Thursday on landlord and commercial tenants’ rights.

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7 Simple Tips to Help You Master Personal Injury Mediations in Difficult Cases

Mastering personal injury mediations require preparedness, patience, and a willingness from the affected parties to compromise. One other important step for a successful mediation is the open exchange of information between the two sides. A mediator does not always need to have loads of experience but needs to understand the fundamentals behind the dynamics of a negotiation.

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Practice Pointers for a Successful Mediation

Mediation is an opportunity for your client to have his or her “day in court” without all the costs and uncertainty associated with a jury trial.

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Mediation Clinic students as ‘problem-solvers and warriors’

Aspiring litigators learn early on that it is their duty to zealously advocate for their clients, regardless of whether their clients’ particular aims seem likely to engender more harmony in the universe. Practice Professor Douglas Frenkel believes it is just as important for law students to learn the art of “perspective-taking,” the ability to understand a situation from multiple points of view.

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Lawyers in lawsuit over Nevada unemployment system ask for mediation

Nevada's unemployment system and laid-off workers suing over delayed or erroneously denied claims asked a Reno judge Friday to delay their case to allow the parties to enter into mediation.

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Mediation, Or Hostage Negotiation?

Two months ago, The Wall Street Journal published an interview with Christopher Voss – a former hostage negotiator for the FBI and current CEO of a company that trains people to negotiate – to get his take on how to handle difficult discussions. It actually turned out to be a fantastic primer on how parties and their attorneys can navigate difficult mediations as well. Here are some of the highlights of the interview.

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9/01

Internet terms of use: Ninth Circuit enforces arbitration agreement accessible through browsewrap hyperlink

Technology advances. Business processes evolve. Internet transactions become increasingly ubiquitous. Contract formation, however, remains an old-fashioned concept. An Internet consumer must, at a minimum, be on inquiry notice of terms to be bound by them.

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Using ADR for Cannabis Disputes

Alternative dispute resolution (“ADR”) – such as mediation and arbitration – has long been an attractive alternative to litigating disputes in court, especially for parties hoping to arrive at a swift resolution. Now, given the unprecedented backlog in California courts caused by the COVID-19 pandemic, as well as uncertainty related to re-initiation of jury trials, ADR may become an increasingly favorable option – particularly for those in the cannabis industry.

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New Jersey High Court Updates State’s Arbitration Case Law to Reflect Modern Business Practice

For the second time in a little over one month, the Supreme Court of New Jersey has issued an employer-friendly ruling upholding the enforceability of arbitration agreements in the employment context.

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Michael Jordan emerged as the mediator between players and team owners

Michael Jordan, the only black majority NBA owner, was a prominent voice during the NBA players' decision to boycott the last three days of the NBA Playoffs. "Listening is better than talking," said Jordan in reference to owners having genuine concerns for the players' cause as well as his own.

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Rent Relief Mediation During Covid-19 - Not as Scary as It May Appear

Australia: With the Federal Government extending its JobKeeper scheme until March next year, it’s likely the provisions around handling rent relief will also be extended. For landlords and tenants unable to reach agreements on rent relief, this means they’ll probably need to engage in mediation.

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Hope, not optimism, for mediation in school funding suit

The portion of a lawsuit seeking to change the way the state of Delaware funds it schools could come to an end earlier than expected.

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How to persuade your client to mediate

Your client might feel that before going down the mediation route they need you to get all the facts sorted and decide on the strength of the case so you’re almost ready to go to litigation should settlement not be reached. However, it’s good for them to know that they can mediate at any time.

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August 2020
8/25

ADR Solutions for a World Reordered By Pandemic – Remote Is Closer Than You Think

The clearest lesson of the pandemic is that we are all connected. Supply chains and the movement of goods and people by air, land and water mean we are all part of a huge interactive web.

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Relationship therapy: Brain signals show that mediation works

Having a referee intervene when couples argue improves the outcome of the confrontation – at least in the laboratory. Brains scans revealed that the intervention by a mediator is also linked to heightened activity in key regions of the brain belonging to the reward circuit – suggesting that opening the argument to guided resolution sets off a neural “thank God for that” response in the combatants.

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Mediation program offers free help to avoid evictions

MUNCIE, Ind. — With the recent expiration of Indiana Gov. Eric Holcomb’s Executive Orders that prevented landlords from evicting tenants for non-payment of rent during the early months of the coronavirus pandemic, a free mediation program has been established to help avoid evictions.

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NYC launches mediation program to help residents settle quality-of-life disputes with restaurants, bars 
The city has launched a free mediation program to help residents settle quality-of-life disputes with bars and restaurants. The city said the number of 311 complaints has increased during the coronavirus (COVID-19) pandemic, which had forced bars and restaurants to pursue outdoor dining options. As a result, MEND (Mediating Establishment and Neighbor Disputes) NYC was created to help resolve issues before they escalate to formal enforcement read more

 

How to Get the Best Settlement Result from Commercial Mediation

The purpose of this article is to get external and internal lawyers to think about overcoming the final hurdle and concluding a good settlement agreement.

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Scottsdale adds to FAA legal tab as mediation appears to be on the table

Scottsdale is bolstering its legal defense as the city continues fighting the Federal Aviation Administration for 2014 flight changes. The Scottsdale City Council is expected to approve a contract for outside legal services for $175,000. The most recent filing outlines an extension is needed to “accommodate pending mediation.”

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Mediation could settle long-running gate litigation

A mediator could settle litigation involving Hot Springs Village gates. The Property Owners’ Association board of directors on Aug. 5 unanimously voted to ask the POA’s legal counsel, Rose Law Firm, to enter mediation with attorneys representing International Security Network, or ISN. The POA sued ISN alleging the Florida company failed to deliver on a contract to boost Village gate security.

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8/24

Feuding Business Partners in Private Companies: Considering Arbitration to Resolve Partnership Disputes

It is common for private company co-owners to have disagreements while they operate their business, but they typically work through these disputes themselves. In those rare instances where conflicts escalate and legal action is required, business partners have two options—filing a lawsuit or participating in an arbitration proceeding. Arbitration is available, however, only if the parties agreed in advance to arbitrate their disputes.

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N.D. Illinois Denies Broker’s Attempt to Block Zoom Arbitration Hearing
The Northern District of Illinois recently denied a broker’s motion for a temporary restraining order and a preliminary injunction against the Financial Industry Regulatory Authority (FINRA) seeking to stop a scheduled remote arbitration hearing.

 
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