Mediation in Today's News

November 2021

Column: Mediation an opportunity to be proud of

“Mediation” is defined (per Webster) as “intervention between conflicting parties to promote reconciliation, settlement or compromise.” I’m a mediator, certified by the state, and proud to serve.

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Ex-talc suppliers, insurers seek mediation as bankruptcies hit turning point

Calls for mediation in two intertwined talc-related bankruptcies are growing as disputes over insurance policies have bogged down efforts to resolve litigation alleging exposure to talc products caused cancer through the Chapter 11 process.

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Dayton to use mediation response for some nonviolent 911 calls

Dayton plans to launch its new way of responding with unarmed mediators to minor, nonviolent issues by spring. The new 911 mediation response program could grow to handle about 4% to 5% of police calls for service in the city, reducing interactions between law enforcement and residents that have the potential to escalate.

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Co-Mediation As a Conciliation Tool

Co-mediation is an under-used concept in conciliation. In the right cases, co-mediation can benefit all involved. In the current climate, where diversity and inclusion awareness is heightened, the time is ripe for a tool such as co-mediation, to ensure access to justice and inclusivity where case outcomes may be more equitable.

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October 2021

The Explosion of Mediation: An Alternative to Trials

Mediator David A. Hoffman talks about the explosion of mediation during the pandemic, the push for mediation as an alternative to trials, and what the future holds for jury trials.

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Legal experts, advocates help mediate evictions inside the Guilford County Courthouse: ‘Don’t give up’

GREENSBORO, N.C. (WGHP) — The Eviction Mediation & Housing Navigation Program is now fully operational inside the Guilford County Courthouse in Greensboro. The program is a partnership between Legal Aid, Guilford County DSS, and the City of Greensboro Neighborhood Development Department. The team assists with applications to the city’s Emergency Rental and Utility Assistance Program, and staff can fast-track applications for those facing eviction.

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Louisiana Implements Mediation Program for Hurricane Ida Claims

Louisiana has established a voluntary mediation program for the purpose of resolving property/casualty insurance claim disputes related to damage caused by Hurricane Ida, which struck Southeast Louisiana as a category 4 hurricane in late August.

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Veterans, NH hospital in Bible dispute agree to mediation

CONCORD, N.H. — Two U.S. Air Force veterans and New Hampshire's veterans hospital involved in a legal dispute over the display of a Bible have agreed to mediation.

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New state program offers free mediation services to farmers

LANSING — Michigan farmers now have access to a free mediation service to settle disputes outside of court. The Michigan Community Mediation Association has been awarded the Michigan Agricultural Mediation Program by the United States Department of Agriculture. Farmers’ disputes covered by this grant can range from contract issues, estate and probate complications, adverse determinations by the USDA, bankruptcy, and any other conflict farmers may face concerning their farms.

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Mediation in progress as Aleksander Shul countersues University Heights

The Aleksander Shul, which has been embroiled in legal action with the city of University Heights, has countersued the city and Mayor Michael Dylan Brennan, alleging a “continued pattern of harassment and intimidation.”

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Lakhimpur violence: Farmers' kin dispute autopsy, agree to cremate three after mediation

BAREILLY: For hours on Tuesday morning, families of farmers who died in Sunday’s violence at Banbirpur in Lakhimpur Kheri refused to cremate the bodies after the autopsy reports "did not mention bullet injuries".

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Mediation myths busted: What litigators need to know

If you’re a litigator, mediation is likely a large part of your practice. In many counties, mediation has to be a part of your practice given local rules. Mediation allows many of us to get cases resolved — often cases the parties thought probably had little chance of resolving at all, let alone six, 12 or 18 months before trial.

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September 2021

Campus Mediation Program Teaches Students Creative Conflict Resolution

Following years of revisions and summer implementation of the new Cornell Student Code of Conduct, conflict resolution will potentially give a greater voice to students in the Cornell Campus Mediation Program. Now explicitly outlined in the code, mediation could take greater prominence in resolving campus disputes.

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Mediators Urge Tenants To Seek Help As Eviction Protections Expire

Tenants in Washington now have an additional 30-day stay from eviction if they’re seeking help for past-due rent after the governor extended the bridge eviction moratorium.

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Mediation for Sept. 27 COVID-19 vaccine mandate
A mediator from PERB (the Public Employment Relations Board) is bringing together representatives from PEF and the Governor’s Office for Employee Relations (GOER) today in an attempt to negotiate the impact of the COVID-19 vaccine mandate imposed by New York State that is set to go into effect on Sept. 27 for healthcare workers. PEF President Wayne Spence issued the following statement as mediation commences: read more


Bellwether Mediations As An Alternative To Bellwether Trials

Conceptually, the goal of bellwether mediations is the same as that of its counterpart (a trial): to develop an objective way to value a disparate set of cases to facilitate settlement.

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New Hampshire circuit courts enlist mediation as eviction-reduction tool

New program offers remote sessions to stave off unnecessary proceedings. In the weeks since the abrupt end to the nationwide eviction moratorium, attorneys and judges have raced to dampen its effects. Eviction court judges have used the bench to promote federal rental relief. Legal assistance organizations have doubled down on their efforts to take on clients. Aid agencies have appeared in court to help tenants and landlords directly.

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Sri Sri Ravi Shankar Speaks To Arnab On His Mediation's Role In Ayodhya Solution

Sri Sri Ravi Shankar, who was a part of the mediation panel in the Ayodhya case, said he believes in the philosophy that 'a leader must lead from the back.'

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Mediator to help resolve standoff between Upstate nurses union, state over vaccine mandate

Syracuse, N.Y. – A mediator has been assigned to resolve a standoff between Upstate University Hospital’s nurses union and the governor’s office over the Covid-19 vaccination mandate for health care workers that takes effect Monday.

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Georgia's New Uniform Mediation Act Provides Protections For Private Mediations

Georgia’s Uniform Mediation Act (“GUMA”), codified at O.C.G.A. § 9-17-1, et seq., went into effect on July 1, 2021 and applies to mediation proceedings entered into from that date. GUMA provides new protections and requirements for parties and mediators engaging in private mediation in Georgia.

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Dubai: Sheikh Mohammed issues new law regulating mediation services

It seeks to encourage alternative dispute resolution methods and enhance the efficiency of mediation procedures.

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Cultural Diversity: Beyond the Golden Rule

On a regular basis, I mediate and arbitrate disputes involving people from diverse cultural backgrounds. Communication breakdowns bog down mediations and arbitrations in general, but where cultural diversity is an issue, all participants must work especially hard to address the intercultural uniqueness.

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Mayor Lightfoot Announces Plan to Launch Community-Police Mediation Pilot to Address Select Police Misconduct Complaints

The program would allow some COPA and BIA complaints to be referred to a community mediation program

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How the Mediation Process Works on Hawai‘i Evictions

The state’s eviction moratorium expired last month. Then, the U.S. Supreme Court overruled the Centers for Disease Control and Prevention's eviction moratorium. But there’s an added layer of security in Hawai‘i for the courts and renters.

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Dayton could send ‘mediation responders’ to 911 calls

A proposed pilot program in Dayton could pioneer a new way of responding to some types of 911 calls for police service that involve lower-level disputes and conflict. A consultant has recommended that Dayton hire, train and deploy new mediation center staff to respond to certain kinds of service calls that do not require an armed police officer.

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Judge calls for mediation to resolve state’s lawsuit involving troubled Indianapolis apartments

INDIANAPOLIS – A Marion County judge delivered a significant setback to tenants who live at the troubled Lakeside Pointe apartment complex. The ruling, handed down earlier this week, denied a request from the Office of Indiana Attorney General Todd Rokita to appoint a receiver to take control of the company that manages the property.

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Singapore Convention on Mediation more important amid Covid-19 pandemic: Shanmugam

There is even greater need for a good dispute resolution mechanism now, with the Covid-19 pandemic and rising geopolitical tensions and trade protectionism issues leading to more disputes, said Law and Home Affairs Minister K. Shanmugam.

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2018 murder case headed to mediation; could still go to trial if no resolution

The murder case involving Matt Adams, who is accused of killing a woman in 2018, is heading to mediation to potentially be resolved without going to trial.

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Pritzker signs bully mediation bill into law

Gov. J.B. Pritzker has signed Senate Bill 673, a bill that aims to help students find common ground when dealing with bullies rather than having them miss school.

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Quebec introduces pilot project for free youth protection mediation service

MONTREAL — A new pilot project in Quebec is encouraging parents to seek mediation and solutions outside legal procedures for the better good of children.

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August 2021

Insurer Considerations For Post-Pandemic Virtual Mediation

As the number of COVID-19 cases increased in the course of the pandemic, so too did the use of virtual mediation as a means of dispute resolution. The utilization of mediation to resolve disputes has quickly become even more popular as it can be done in a completely virtual setting, eliminating the need for face-to-face meetings or travel.

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Time to regain momentum on the benefits of mediation

Making ADR mandatory does not guarantee that cases settle, but you do create more opportunities for the rational assessment of litigation risk and to agree on remedies that the courts cannot provide.

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Outcome of Guzman mural remains unclear after mediation

The future of a more than 40-year-old mural on Guadalupe Street remains unclear after a day of talks between an artist striving to save the painting and a state agency determined to remove it from a building undergoing renovations.

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The Future of Mediation by Video Conference

There are two significant ways in which mediation by video conference will change construction law and both are a function of removing the need to travel. First, video conferencing allows more people to attend a mediation without significantly affecting the cost and trouble of the attendance. Second, mediation by video conference opens the doors for mediators to expand a localized mediation practice to a national one.

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Seaport developer, lender agree to mediation over troubled ‘leaning’ tower

The city halted work on the “leaning” South Street Seaport tower in April after the construction manager withdrew from the project. At the time, construction had already been stalled for months, and the project’s lender was fighting to take over the tower, attempting to foreclose on a $120 million loan.

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Why State-Funded Mediation Is A Reliable Means To An End

Recently, the Chief Justice of India, Justice N V Ramana highlighted the need for mediation to be made a mandatory first step in domestic dispute resolution. This carves out the ever-expanding scope of mediation, as a cheaper, faster and reliable means of redressal.

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Building a Stronger Dayton: Juvenile court cases being diverted to Dayton Mediation Center

Montgomery County Juvenile Court said over 50% of juvenile court cases are diverted and a portion of these cases are diverted to the Dayton Mediation Center. The center offers a wide range of services helping teens learn to communicate and work through their troubles, and most importantly, give them a second chance.

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Mediation next milestone in Cortez Bridge battle

Legal representation for a group of five complainants — including the Florida Institute for Saltwater Heritage, a Cortez nonprofit — and the Florida Department of Transportation will meet with mediator Stephen Tabano, a Tampa attorney, Aug. 25 to attempt to resolve a legal dispute related to the size of a replacement for the Cortez Bridge.

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Judge orders mediation in mural controversy

The Gilberto Guzman mural on the Halpin Building is shown in 2019. Green construction tarp now covers the mural, which is the subject of a heated controversy over plans by the state Department of Cultural Affairs to remove it.

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Opinion: Instead of eviction, landlords, tenants agree to mediation

In Philadelphia, a rare program has been met with a chorus of praise.

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'Hear us out': Police, neighbors to paint mediation mural in predominantly Black neighborhood

ArtWorks, a nonprofit that employs youth to create public art for their communities, is spearheading the project: the Avondale Police Mediation Mural.

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Five Easy Ways to Fail at Mediation

Here are the top 5 ways to fail (in no particular order).

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Tensions Continue As Saratoga Springs Moves Toward Mediation With Activists

In another sometimes tense meeting, the Saratoga Springs City Council provided updates on items related to police reform and mediation with Black Lives Matter protesters Tuesday night.

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The Creative, Collaborative Use of Neutral Experts in Environmental Mediations - How to turn the “battle of the experts” into a rewarding settlement strategy

While lawyers are very familiar with employing warring expert witnesses in trial practice, they may not know how they can employ those same professionals in a concerted, problem-solving manner in mediation. This is actually a viable and tested option. There are a number of ways to do this.

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Rule Change Permits Mediation for Protection Order Cases

A recent change to statewide judicial rules established a course for mediation regarding some civil stalking protection orders (CSPO). Prior to the enactment of Rules 16.30-16.32 in the Rules of Superintendence for the Courts of Ohio, mediation of protection orders was prohibited.

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Bracketology: Using Conditional Offers To Settle Your Case at Mediation

Lawyers tend to have strong opinions on brackets, pro and con. Some embrace the concept as a tool for communication, while others regard them as a distraction from “real numbers.” But most everyone agrees, if you want to settle the case and nothing else is working, bracketology is worth a shot.

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Cook County pushes mediation to avoid evictions

Program is designed to aid both landlords and tenants.

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T agrees for CJI’s mediation plan on Krishna water dispute

Hyderabad: The Telangana government is ready for mediation on resolving the dispute over apportioning Krishna water with Andhra Pradesh (AP).

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Sexual harassment suit against college heads to mediation

A sexual harassment lawsuit filed in federal court against Allegheny College by one of its students is headed to mediation.

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Mediation could help after eviction ban lifted

MILWAUKEE - Evictions are moving forward in southeast Wisconsin after the CDC's ban expired Sunday. But resources like rent assistance and mediation could help cut down on how many people end up on the streets. When tenants and landlords want to avoid court – they turn to Mediate Milwaukee.

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Mt. Bethel UMC, North Georgia Conference enter mediation

Mt. Bethel UMC and the North Georgia Conference of The United Methodist Church have jointly agreed to use their best efforts to resolve an ongoing dispute through a mediation process and will refrain from public comment on this matter until the mediation process has concluded. Mt. Bethel Christian Academy will also be included in the mediation process.

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