Mediation’s Values: Still Searching
I first wrote about mediation’s values 12 years ago at the tail end of a Masters in Conflict Resolution and Mediation Studies.(1) Two years of study had convinced me that it is our values, rather than the techniques we learn, that tell us what to do and say when when mediating.
SC judge stresses on pre-litigation mediation
Nagpur: Justice Sharad Bobde of the Supreme Court emphasised the need for pre-litigation mediation and the role of the legal aid system to ensure people get speedy justice. He was speaking on Saturday at the inaugural function of the 17th All India Meet of State Legal Services Authorities in Nagpur.
Singapore Convention on Mediation 2019: Embarking on a new era in alternative dispute resolution
On 7 August 2019, Singapore hosted the signing ceremony for the "Singapore Convention on Mediation." There have been mixed reactions from the public to the introduction of this Convention.
Don’t want to go to court? Try mediation
There is no doubt about it, mediation is a big cost saver for parties with disputes.
What happened to Trump’s Kashmir mediation offer?
As Pakistan roils with anger at India’s brazen dismantling of Article 370, the US has remained impassive, disengaged, and has failed to truly recognize, let alone show an active interest, towards the regional gravity and international implications of this tectonic disruption.
Should the Federal Mediation Privilege Only Apply to Court-Ordered Mediations?
The existence and scope of a federal mediation privilege remains unclear.
USSF, USWNT reach mediation impasse over pay
The United States Soccer Federation and members of the women's national team reached an impasse Wednesday in their attempts to mediate the ongoing dispute over equal pay, with a spokesperson for the players saying they "eagerly look forward to a jury trial."
Does Mediation Confidentiality Protect Communications Between Two Parties on the Same Side of the Table?
The Ninth Circuit held last week that mediation-related communications between two parties on the same side of the table are inadmissible under California’s mediation confidentiality statute in subsequent litigation between those two parties.
The Singapore Mediation Convention: Will It Fulfill Its Promise?
Just over a week ago in Singapore, on August 7, 2019, 46 countries — including economic powerhouses such as China, India, South Korea and the United States — signed the U.N. Convention on International Settlement Agreements Resulting from Mediation (a/k/a the Singapore Mediation Convention) (“Convention”). What’s the big deal?
Mediation Can Help Resolve Lease, Farm Transition, Neighbor Disputes
Michigan farmers can now mediate a wide range of disputes at no cost through the Michigan Agricultural Mediation Program (MAMP) thanks to the 2018 Farm Bill. The bill enables the MAMP to mediate agricultural issues involving leases, farm transitions, organic certification, next-door neighbors and more.
Mediation between US women’s team and US Soccer fall apart—now the two sides may face off in court
In the midst of a five-game victory tour following their World Cup win, the U.S. Women’s National Soccer Team (USWNT) is also preparing for the 2020 Olympics and engaged in a heated legal battle with the U.S. Soccer Federation (USSF) for equal pay.
Robots and AI threaten to mediate disputes better than lawyers
Algorithms and big data are entering the often shrouded world of alternative dispute resolution
China Belt and Road disputes set to fuel mediation’s global rise
Singapore moves to take advantage of Asian growth as preferences shift away from arbitration. When in June a Kenyan court blocked construction of the country’s first coal-fired power station, it was not only a blow for the project’s Chinese backers, say lawyers, it was also a sign that China’s Belt and Road Initiative (BRI) might benefit from better dispute resolution.
From the Talmud: Curiosity May Kill the Cat But It’s Key to Successfully Mediating Disputes
Alexander the GreatIn this latest post on applying Talmudic principles in mediation, we discuss two vital mediation techniques — encouraging empathy and exhibiting curiosity.
Mediator appointed in Stormy Daniels case
The city of Columbus could be nearing a settlement with Stormy Daniels over her arrest last summer. New records show the court has appointed a mediator to the case.
46 States Sign Singapore Convention on Mediation
On 7 August 2019, 46 States signed the UN Convention on International Settlement Agreements Resulting from Mediation, which will, pursuant to a UN resolution, be referred to as the "Singapore Convention on Mediation” (or referred to alternatively in this post as the Convention). Those States include, among others, China, India, Singapore, South Korea and the United States.
Judge urges Israel Folau and Rugby Australia to settle dispute through mediation
Israel Folau and Rugby Australia could face a February 2020 trial if they fail to resolve a multimillion-dollar unfair dismissal case brought by the former Wallabies player and staunch Christian.
India again rejects Trump’s Kashmir mediation offer
India on Friday again rejected President Donald Trump’s offer to mediate its dispute with Pakistan over Kashmir. India’s foreign minister said he told Secretary of State Mike Pompeo that any discussion of the disputed Himalayan region would be between India and Pakistan only.
Judge orders mediation over cell service dispute
A federal judge ordered a wireless company and the Village of Lake Success to go to mediation to find a way to resolve their dispute over whether Lake Success unlawfully denied the company’s request to install cellphone service equipment in the village.
Local rape case goes to mediation
A Murray State University student accused of raping a fellow student in September will have his case heard by a mediator.
U.N. members sign mediation convention to settle trade disputes
Members of the United Nations on Wednesday signed the Singapore Convention on Mediation, an agreement it hopes will make it easier to settle cross-border commercial disputes and stabilise trade relationships.
The US is seeking someone to mediate a war between seals and humans
Federal authorities are struggling to broker a peace between humans and seals on the Hawaiian island of Molokai. People have murdered at least eight endangered Hawaiian monk seals in the past decade in what can seem an intractable conflict over natural resources.
Special Report - International Mediation
The UN Convention on Mediation in Singapore marks mediation’s growing role in settling cross-border trade and political disputes. The first in a three-part series of articles discusses the rise of mediation and, for the UK and EU, how it might help resolve the mess of Brexit.
Top Strategies for Preventing and Breaking Impasse in Mediation
What can mediators do to prevent negotiations from reaching an impasse? And if parties reach an impasse, what can mediators do to break it?
Mediation: Avoiding The "S" Word In IP Litigation
Conventional wisdom states that “whoever says the “S” word first loses.” This is where the neutral nature of “mediation” plays an important role.
Why the UK and EU need mediation to unpick the Brexit mess
A commercial mediator makes the case for intervention to tease out an agreement
Mediation Design: Start With the 'Why'
What reasons for mediation would lead parties and/or counsel to design the process a little differently? Here are some.
Building a Safe Place for Mediation in Arbitration Proceedings
It is a critical time for the arbitration community to consider a blueprint for increasing the use of mediation so that settlement rates in arbitration can be competitive with litigation.
New UN Singapore Convention drives shift to mediation of trade disputes
Signatories aim to ease global commerce and promote ‘alternative and effective’ resolution.
Spinderella’s Lawsuit Against Salt-N-Pepa Just Got Sent Straight To Mediation
Looks like Spinderella won’t have her day in court with Salt-N-Pepa after all. A federal court in Dallas ordered the lawsuit between DJ Spinderella and Cheryl “Salt” James and Sandra “Pepa” Denton to mediation.
USWNT, U.S. Soccer Both Have Incentive to Settle Dispute Outside of Court
In the wake of winning World Cup 2019, the U.S. women’s national team and U.S. Soccer will soon begin a mediation process to try to resolve the WNT players’ gender discrimination lawsuit without going to court. There are reasons for both sides to want to reach a settlement through mediation.
From the Talmud: Is Mediation of Disputes a Moral Duty or a Utilitarian Exercise?
In this latest post on applying Talmudic principles in mediation, we discuss the Talmud’s view of mediation as an affirmative moral obligation.
How Mediation Can Spare Families from Costly Litigation Over Estates.
We think the lesson is plain — when estate planning or family business attorneys detect disputes brewing between family members over an estate or family business, there is a small window of opportunity for the attorneys to suggest mediation to their clients to spare them from costly and destructive litigation.
U.S. and China Set to Sign Singapore Convention on Mediation
The United States and China are set to be among the first countries to sign a convention on mediation that is named after Singapore.
Undocumented immigrant detained outside mediation in South Austin
An Austin attorney is speaking out after her client was taken into custody by immigration officials following mediation. Valencia, 34, was in mediation because he and his ex-wife are in a custody battle over their 3-year-old daughter.
USWNT to Hope Solo: 'With all due respect,' we don’t need you in mediation
The former United States women’s national team goalie is attempting to get a seat during mediation sessions between the U.S. Soccer Federation and the USWNT players, but was promptly brushed off by both sides.
When Does Evaluative Mediation Cross the Line from Neutral Analysis to Legal Advice?
The evaluative approach to mediation creates something of a gray area for mediators. Where does one draw the line between evaluating the strengths and weaknesses of a case and providing legal advice?
The Rising Popularity of Divorce Mediation
As more and more people discover that they have a choice when it comes to how to file for divorce, the demand for divorce mediation services is beginning to grow in some states.
Five Key Psychological Principles at Play in Mediations
These principles do not exist in isolation; all may be operating simultaneously to a greater or lesser degree. Capitalizing on these principles to drive resolution is more art than science. A skilled mediator will, however, note their presence or absence and orchestrate negotiations accordingly.
Judge orders all parties into mediation in South Carolina church property case
Judge Edgar Dickson ordered all parties—The Episcopal Church in South Carolina (TECSC) and The Episcopal Church, along with a group that broke away from the Church in 2012—to enter into mediation in the ongoing dispute over enforcing the South Carolina Supreme Court’s 2017 decision on diocesan and parish properties.
Adventures in Matrimonial Mediation: A Journey
Not only is matrimonial mediation more efficient and less painful than battling over these issues in court, but sometimes something remarkable happens.
Judge grants extension in PBS lawsuit mediation
A federal judge yesterday granted an extension in the mediation between Dartmouth and nine plaintiffs in an ongoing lawsuit contending that College officials failed to act on allegations of sexual misconduct against three former psychological and brain sciences professors.
Hope Solo Petitions Court To Join USWNT's Equal Pay Mediation As The Designated Ass-Kicker
The USWNT will soon enter mediation with the U.S. Soccer Federation in an effort to resolve the team’s equal pay lawsuit. Former USWNT star Hope Solo is concerned about whether the current national team will have the edge they need.
Federal Judge Orders Mediation in Greystone Psychiatric Lawsuit
Plaintiffs allege conditions at Morris County hospital are dangerous for staffers and patients alike
Indian FM denies Modi asked Trump for US mediation on Kashmir
Donald Trump's claim that PM Narendra Modi had asked him to mediate with Pakistan on Kashmir sets off a storm in India.
How to Minimize Stress When You’re Mediating Conflict at Work
If you’ve ever been caught in the middle of a disagreement, you know how stressful it can be to fall into the role of the mediator. Step one: Think like a sportscaster, not a referee.
12 Tips For Delivering Tough Feedback To A Manager As An HR Mediator
Human resources professionals must sometimes play messenger between employees and their managers. This typically happens when an employee feels uncomfortable approaching their manager directly about an issue or a problem—and being stuck in the middle can be a tough position.
Can Mediators Add Value in the Transactional Context by Rescuing Deals at Risk of Falling Apart?
Let’s explore another non-litigation context in which mediators can add value — saving deals at risk of falling apart.
Litigation v. Mediation: How businesses can win without going to court
Litigation is how we resolve most serious business disputes in this country. But our centuries-old adversarial system, while civil, is extremely expensive, time consuming, and often produces unsatisfactory results. So, is there a better way? There is – it’s called MEDIATION.
USWNT Set Sights On Fight For Equal Pay In Upcoming Mediation With US Soccer
Chants of “equal pay“ have followed the team everywhere they go since defeating the Netherlands in the World Cup final.
Oslo forum reflections: heating up: mediation and climate change
Over the past decade, there has been an increase in new conflicts and a simultaneous decline in successful agreements to end old wars.