Mediation in Today's News

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November 2019
11/25

Private or Shared Mediation Statements: A Tale of Two Mediations

I recently participated in two mediations, one as plaintiffs counsel and one as defense counsel, while they both successfully brought to a close the underlying cases, the parties to each had a different approach to the submission of mediation statements.

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The Singapore Convention: A Path To Advance International Economic Development With Mediation

This article will provide a primer for New York practitioners on the Singapore Convention, including: takeaways from the global think tank discussion.

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A Few Do’s and Don’ts of Class Mediations

Having experienced class action mediations both as advocate and as mediator, I have witnessed a variety of approaches to the mediation process, some helpful and some unhelpful. Here is a partial list of do’s and don’ts when representing parties to a class action mediation. read more
 

Resolving Disputes Through Mediation: 5 Tips To Make the Process Successful

If you have decided the time is right to mediate, then the incentives are there too. Below are five tips to aid in the effectiveness of the mediation process.

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The Benefits of Early Mediation: The Path Least Taken Requires Commitment

The key to an effective early mediation is a commitment to the process. Absent that up-front recognition, an early mediation serves as nothing more than a weigh station on the litigation turnpike.

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11/12

Canada: When Is Mediation Mandatory? A Comparative Analysis Of Mandatory Mediation Across Canada
Mediations, both court mandated and ad hoc, play a crucial role in our nation's litigation process. Over 90% of litigated matters will eventually come to some form of settlement prior to trial and mediations are a large part of that. read more

 

Gender discrimination suit will move to mandatory mediation

Lori Streichert, a former employee of the Chester Recreation Department, is suing the town for allegedly treating her unfairly in their hiring and salary decisions.

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Five Reasons Why Mediation Needs to be Mandatory
Ever since HR adopted mediation 30 years’ ago, there’s been a sacred principle that it should always be a voluntary offer. If it’s not voluntary then somehow it’s a breach of employee rights.

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Shot couple back in court after mediation
A couple who police shot during an erotic Saints and Sinners themed party at a Melbourne nightclub will return to court after a mediation.. read more

 

Weighing up litigation, arbitration and mediation

There is a time and a place and a method for resolving every dispute. After all, every problem has a solution, however intractable or difficult it may seem.

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12 Dispute Mediation Techniques For Managers
We asked 12 professionals from Forbes Human Resources Council to share some techniques that could help a manager smooth over strife within a team to keep spirits (and productivity) at its peak. Here’s what they recommend.

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11/04

Don't Stop Working Toward Resolution When the Mediator Leaves the Room

When it is just you and your client, strategies such as goal-setting, continual trust-building and constant expectation management help to ease frustrations and increase output.

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USA Powerlifting and transgender athlete agree to talks related to trans ban

USA Powerlifting and lawyers representing a lifter who filed a discrimination complaint because of USAPL’s trans-exclusionary policy will attempt a settlement.

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Mediation Resumes In Lawsuits Over Sex Abuse By Ohio State Doctor

Lawyers are resuming mediation toward a potential settlement in lawsuits against Ohio State by men who collectively allege two decades of sexual misconduct by a now-deceased team doctor.

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Riverside police seek mediation for juvenile offenses

Enlisting Center for Conflict Resolution to divert kids from courts.

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October 2019
10/23

The Case for Presuit and Early Mediation

Where resolution should always be the ultimate goal, early or presuit mediation may serve a vital role as a vehicle for exploring settlement in high stakes cases such as medical malpractice and nursing home litigation, where protracted costs can be avoided by all parties.  read more
 

Mediation Lessons from the Talmud

In this latest post applying Talmudic principles in mediation, we discuss a psychological principle known as the “endowment effect” and its impact on negotiations during mediation.

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Mayor honors Kauai Economic Opportunity Mediation Program
LIHUE — Mayor Derek S.K. Kawakami took time on annual Conflict Resolution Day, coinciding with International Conflict Resolution Day, on Thursday, to thank the volunteer mediators with the Kauai Economic Opportunity Mediation Program.

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Mediation, Non-disclosure Agreements Challenge Educational Opportunity in Connecticut

“Many parents are wary of discussing outplacement as they have had to negotiate settlement agreements with their district and cannot, based on the terms of the agreement reveal the terms.” read more
 

Indiana:  Reversal: Small claims courts cannot order mediation, ADR

Parties cannot be ordered to participate in alternative dispute resolution in small claims proceedings, the Indiana Court of Appeals ruled Thursday, reinstating a dog-bite case that a judge had dismissed after litigants refused to participate in court-ordered mediation. read more
 

Intercultural mediators to ensure equitable health care services

A newly published WHO Health Evidence Network (HEN) synthesis report has found that intercultural mediators are highly effective in bridging linguistic and cultural gaps and are therefore indispensable to high-quality, comprehensive health care provision for refugees and migrants. read more
 

Learn how to become a Florida Supreme Court Certified County Mediator

In the 14th Judicial Circuit, mediators have been saving the courts time and money by helping people achieve mutual agreements in their cases for more than 20 years. read more
 

University of Houston Law Center Hosts National Mediator Competition
S. Dakota law student wins top prize in Blakely Advocacy Institute contest

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Ronaldo asks US court to dismiss rape case or OK mediation

Cristiano Ronaldo's lawyers have filed court documents asking a U.S. judge in Las Vegas to either dismiss a Nevada woman's lawsuit alleging the soccer star raped her in 2009, or to order closed-door settlement talks. read more
 
10/14

Mediation 2019: Roundtable

Who’s Who Legal brings together Kate Jackson at Independent Mediators, Alan Limbury at Strategic Resolution and Mercedes Tarrazón at Dispute Management, SL to discuss issues facing mediation lawyers and their clients in the industry today.

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Singapore Ministry of Law weighs in on importance of global mediation efforts

Two representatives from the Singapore Ministry of Law have spoken out about the historical signing of the Singapore Convention of Mediation, which is set to impact cross-border commercial disputes going forward.

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Judges Head Back to School to Prepare for Presumptive Mediation Initiative

When officials from the state Office of Court Administration asked if professor Alexandra Carter would be open to having the judges sit in this year, she jumped at the idea.

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Impasse in Mediation

Why does impasse occur in mediation? In my experience as a commercial mediator, impasse most often flows from a combination of cognitive biases and flawed risk assessments.

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Rebuilding Empathy in the UK

In an increasingly turbulent and polarized world, where fear and anxiety are on the march and divide and rule is more in evidence, it is tempting to circle the wagons to keep those who disagree with us at bay.

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10/09

Ayodhya hearing: Mediation details leaked on Twitter, claims lawyer of Muslim parties

Supreme Court is hearing the Ayodhya land dispute case on day-to-day basis and on the 37th day of hearing the Muslim parties argued that details of the mediation process were leaked online.

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Ayodhya: Mosque side turns down mediation feeler

Days after Ramlalla Virajman, one of the three main parties to the Ram Janmabhoomi-Babri Masjid title suit, told the Supreme Court that they would not participate in the mediation process, the side arguing for the mosque has also turned down an invitation by the Supreme Court-appointed mediators.

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After last spring's mediation efforts, Penn volleyball says its focus is on the future

Players were tight-lipped about the past season's controversy.

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The problem with Luther’s roommate mediation

I want to preface this piece by making it clear that there are no villains in this situation; simply people who had conflicting lifestyles, and that I take issue with the system which exacerbated the problem its processes were designed to resolve.

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Mediators as evaluators — Weighing risks in resolutions

Mediators must always remain independent in resolving disputes between widely disparate views and interests. However, mediators evaluate cases to some degree when facilitating settlement discussions between parties.

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Child-dragging case goes to mediation

Mediation is the next step in the case of the former teacher accused of dragging an autistic boy through school hallways in October 2019.

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Mediation underway for MLA Nadine Wilson, lawyer says

Mediation is underway for a Saskatchewan Party MLA charged with assault involving a private family matter.

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Amid Standoff Over Funding Formula, High School Mulls Mediation

With growing discord over the regional high school funding formula, district school committee members agreed Monday that mediation may be the only option in a process that has become increasingly complicated and controversial.

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Deschutes County court mediation program marks 25 years

The court’s mediation program, established in 1994, resolves in excess of 65% of small claims cases and 90% of landlord-tenant cases that participate in mediation.

 
10/03

‘I Decide Whether To Accept And I Say No,’ Says Indian FM On Trump’s Mediation Offer

‘I decide whether to accept and I say no,’ says Indian FM on Trump’s mediation offer India didn’t accept foreign mediation in its conflict with Pakistan over Kashmir and will not do so now following the offer from US President Donald Trump, the country’s top diplomat said after returning from New York.

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Mediators as evaluators — Weighing risks in resolutions

Mediators must always remain independent in resolving disputes between widely disparate views and interests. However, mediators evaluate cases to some degree when facilitating settlement discussions between parties. Critics have highlighted the inherent danger of the mediator’s role as a case evaluator.

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NSCC town hall focuses on diversity, cultural mediation

The Northeastern Student of Color Caucus, or NSCC, held its first town hall of the fall semester this past Thursday, where students shared some of their concerns about Northeastern.

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Predicting mediator’s agenda key to success

Mediation results in a settlement more than 85% of the time. However, getting to “yes” is hard work — especially for the mediator. While we lawyers do a great job of advocating in mediation, we could do more to make the process more productive, and perhaps improve the likelihood of settlement, by focusing on developing the mediator’s agenda in advance of mediation.

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After last spring's mediation efforts, Penn volleyball says its focus is on the future

Allegations of both mistreatment and an unresponsive athletics administration cast a shadow over Penn volleyball last spring after the Quakers struggled to a 6-19 record in coach Iain Braddak’s first year at the helm of the program.

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Mediation’s role in elder law issues

When adult children disagree on the best course of action regarding ailing parents, disputes dating back to childhood can resurface.

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Child-dragging case goes to mediation

Mediation is the next step in the case of the former teacher accused of dragging an autistic boy through school hallways in October 2019.

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‘Quite an adventure’: How the Swiss brought peace to Mozambique

Mirko Manzoni can hardly believe he has a peace deal for Mozambique in his pocket. As lead mediator, he spent three years shuttling between the country’s president and rebels in the bush, and it was not easy. But he says the accord finally signed in August could be a model for Swiss good offices.

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Intercultural Mediation

Being able to understand another person’s viewpoint is essential for effective communication.

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Mediation Lessons From the Talmud: The Components of an Effective Apology

In this latest post exploring mediation lessons from the Talmud, we discuss the components of an effective apology (the Talmud being an ancient Jewish legal text compiled around 500 C.E. that is a primary source of Jewish law and philosophy).

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‘I know I’m not a bully, and I felt the need to say that’: an employee’s account of mediation

Every HR professional will be aware of the benefits of workplace mediation, particularly if it can avoid the cost and stress of an employment tribunal. But how does it feel for the employee? Here’s one anonymous worker’s experience of the process.

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10/01

After court mediation, organizers and Aichi Triennale festival hosts agree to reopen 'comfort women' exhibition for three days

Organizers of controversial art exhibition "After 'Freedom of Expression?'" announce Monday in Nagoya that they and the host of the exhibition have agreed a three-day reopening. 

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Girl guides parents to mediation

In a bid to unite her parents, who have been living separately, a 12-year-old girl, a class 6 student from Sivaganga district, has managed to convince them to resolve their differences through mediation.

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