Mediation in Today's News

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October 2019
10/01

India’s stand clear on Kashmir, won’t accept third-party mediation: Jaishankar

Categorically rejecting any scope for third-party mediation between India and Pakistan on Kashmir, External Affairs Minister S Jaishankar has said that India’s stand has been clear for decades and the two countries can discuss the issue bilaterally.

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Federal government says mediation could help resolve $200M SRS plutonium lawsuit

As South Carolina's plutonium fines lawsuit transitions to an appeals court, the federal government has indicated the matter could benefit from mediation, despite prior settlement negotiations collapsing and securing a favorable ruling soon after.

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South Africa’s No. 1 Platinum Union Seeks Wage Dispute Mediation

South Africa’s biggest platinum mining labor union has referred a wage dispute with both Anglo American Platinum Ltd. and Sibanye Gold Ltd. to outside mediators.

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Mediate.com Launches MediateIndia! Proven Bridge Between Professional Mediators and the Public

Mediate.com, the world’s most visited dispute resolution site and most used mediator directory, has launched MediateIndia! CAMP, based in Bangalore, is the Foundational Sponsor for MediateIndia!

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Criminal charges against IRS security guard sent to mediation

The criminal case against an IRS security guard who held a Lucas County Sheriff’s deputy at gunpoint has been sent to mediation.

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Opelika native begins legal mediation career -- at age 19

In his office on the first floor of the Lee County Justice Center, 19-year-old Jamie Lowe drew three overlapping circles to illustrate a theory shared with him by Circuit Judge Mark Fellows for finding the “sweet spot.”

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September 2019
9/24

Mountain Mediation Center Initiating Series Of Community Conversations

Mountain Mediation Center, a nonprofit organization that provides conflict resolution to residents on the Wasatch Back, is expanding its services to include hosting a new community conversation series.

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Walmart open to mediation on EEOC complaint on gender bias

Memos from the EEOC were issued in July and urge the parties to reach a resolution. The agency said there is “reasonable cause” to believe there was gender bias, according to the Wall Street Journal.

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Small claims court mediation program leads to fair outcomes, participants say

The Winkler Institute for Dispute Resolution revealed the data collected by its partnership with the Osgoode Mediation Intensive Program and the Osgoode Mediation Clinic throughout the 2018 to 2019 academic year.

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A Neuro-Linguist’s Toolbox – Self-Care and Improvement: Preliminary Thoughts

I have been looking into matters of self-care and personal improvement for mediators recently and was surprised to find that, even though there has been some writing on this, there isn’t a lot.

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Ayodhya case: Court allows resumption of mediation process in Babri masjid Ram temple dispute

Sets October 18 deadline to complete hearings in temple-mosque dispute.

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9/16

Tarrant County judge orders mediation and shares threats of violence in Vic Mignogna lawsuit

If mediation fails to produce a settlement by Oct. 3, Judge John Chupp told the lawyers, he will rule on all outstanding orders the following day.

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Oglesby mayor sends police flap to a mediator

A mediator has been retained to settle the flap between Oglesby’s police chief and police commissioner.

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Judge orders mediation for family of woman who drowned in sheriff’s van

HORRY CO, SC (WBTW) – A judge has ordered the family of a woman who drowned while locked inside a sheriff’s van and all defendants in the family’s lawsuit into mediation.

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Advanced mediation: The solicitor’s new best friend

Advanced mediation is gaining traction. Natai Shelsen argues it gets results and preserves relationships

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Ayodhya parties want talks to resume, mediation panel tells Supreme Court

The Ayodhya mediation committee on Monday filed a short memorandum informing the Supreme Court that parties across the Hindu-Muslim religious divide have approached it with a request to resume talks to amicably resolve the over 70-year-old Ram Janmabhoomi-Babri Masjid title dispute.

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Adele's Husband Agrees To Joint Custody and Private Mediation

Adele's estranged husband, Simon Konecki has just filed a response in the couple's divorce, and it seems the split will be very amicable.

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‘Restorative Practices at Penn’ offers conflict and mediation services for students

In a recent disciplinary report, Penn announced that mediation and conflict services for students have been expanded to the Restorative Practices at Penn Program within the Office of Student Conduct.

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Is Your Pre-Litigation Mediation Clause Well-Drafted? A Cautionary Tale from California

The popularity of pre-litigation mediation clauses continues to grow. Such clauses are appealing because they provide parties with a window of opportunity to settle a dispute before becoming embroiled in litigation and incurring all of the attendant costs.

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County dispute over new court computer system heads to mediation

A lawsuit filed by the Medina County Board of Commissioners against Medina County Domestic Domestic Relations Court Judge Mary Kovack has been referred to mediation by the Ohio Supreme Court.

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The Role Of Humor In Mediation - No Laughing Matter!

Mediation is serious business. But, nonetheless, a process which has room for – and, indeed, a need for – humor at the right moments.

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Lawsuit over Biden motorcade crash resolved in mediation

DOVER, Del. — An attorney for a Delaware woman who filed a lawsuit over a car accident involving a Joe Biden vice presidential motorcade says the case has been resolved in mediation.

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9/11

Mediation ongoing between 2013 Louisville basketball players and NCAA

The final buzzer has not yet sounded on mediation efforts between the NCAA and a group of former Louisville basketball players suing to restore the 2013 national championship.

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MVRHS looks at two mediators in funding formula negotiations

The Martha’s Vineyard Regional High School is looking at two firms that could be hired to facilitate discussions surrounding the regional funding formula.

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Rick Pitino returns to Louisville for mediation in breach of contract lawsuit

LOUISVILLE, Ky. Rick Pitino was back in Louisville on Tuesday hoping to reach a settlement with the University of Louisville Athletic Association. After eight-and-a-half hours of mediation between Pitino's legal team and U of L Athletics inside the Federal Courthouse Building in downtown Louisville, no comment to reporters.

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UGA Law Dean: New U.N. Treaty on Mediation Holds Promise for Georgia

Signed in August, the Singapore Convention on Mediation aims to smooth out the enforceability of cross-border agreements reached via mediation,

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Snyder: A Mediation Quiz

Find out how much you know about mediation with this short true/false quiz.

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9/04

Local mediators saving courts time and money through volunteer efforts

IDAHO FALLS — Volunteer mediators have been saving the court system time and money while helping people come to reasonable agreements for more than 20 years.

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The Real Cost Of Refusing To Mediate

Here Peter Brewer, a solicitor and partner in the national firm of Clarke Willmott LLP, based in the Commercial and Private Client Litigation team in Birmingham, looks at the recent dispute between step-sisters Deborah Cutler and Anna Winter over their parents’ estate.

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Taking the mediation route before heading to court

Court should be the last resort in a dispute, and if a draft rule, issued by the Rules Board for Courts of Law, is approved, it will require parties to consider mediation before taking matters any further.

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New online tool for parenting plans avoids cost, conflict: B.C. legal services society

Putting together a parenting plan in B.C. has gotten a bit easier. The provincial Legal Services Society's (LSS) MyLawBC Family Resolution Centre is now allowing parents to craft their plan online.

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Kiwanis clubs, Northern Community Mediation fund anti-bullying coloring book

PETOSKEY — It’s a collaborative effort to help combat an increasingly growing issue. Four local Kiwanis clubs will collaborate with Northern Community Mediation by funding an anti-bullying coloring book which will be distributed to all elementary school students in the Charlevoix-Emmet Intermediate School District service area, which totals some 3,800 students.

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English High Court Confirms Mediation Can Be Condition Precedent to Litigation

In Ohpen Operations UK Limited v. Invesco Fund Managers Limited, the English court held that mediation was a condition precedent to the commencement of litigation and, accordingly, stayed the proceedings to enable mediation to take place. The decision confirms that an alternative dispute resolution provision can be an enforceable condition precedent to formal proceedings.

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Should the Federal Mediation Privilege Only Apply to Court-Ordered Mediations?

The existence and scope of a federal mediation privilege remains unclear. Among the Circuit Courts, the strongest and clearest endorsement of a federal mediation privilege is the Second Circuit’s decision in In re Teligent, Inc. Yet, in a somewhat surprising about-face, a federal magistrate judge in the Southern District of New York recently held that the mediation confidentiality standard announced in Teligent does not apply to private mediations.

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August 2019
8/28

Brazil’s Foreign Trade to Get Conflict Mediation Chamber

The measure also seeks to benefit small and medium traders who do not have a sufficiently strong legal structure to wage international battles.

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Man's military vehicle collection town calls junk to go to mediation

RICHMOND — Whipple Hill Road resident Alex Leduc may avoid a lawsuit over his antique truck collection as both sides have agreed to mediation. The town is suing Leduc and demanding that he get rid of the trucks and spare parts he keeps for the trucks, claiming in court filings that he is operating a business on his 4-acre Whipple Hill Road property,

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Lincoln-Sudbury sex assault case heads to mediation

The move toward mediation comes two weeks after John Doe, one of Roe’s alleged assailants, filed an Aug. 9 motion to intervene in the lawsuit, claiming the defendants “equally violated (his) rights when they conducted an inadequate investigation into the alleged incident, thereby causing him harm.”

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Pros and Cons of Caucus Versus Joint Session in Business Dispute Mediation

Caucus versus joint session. Every mediator has a different view on the subject. Some rely heavily on caucus, and some try to avoid it. Some recommend a joint session followed by caucus while others advocate the reverse.

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Beijing's Belt and Road Means Big Business for Mediators

China’s global infrastructure initiative is sparking a growing demand for mediation services to resolve disputes.

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Mediation and Leadership

Ever since I took a course developed by Ronald Heifetz on Exercising Leadership at Harvard Kennedy School of Government, I wanted to reflect on how much mediation and leadership have in common.

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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.

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8/20

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.

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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.

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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.

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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.

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Should the Federal Mediation Privilege Only Apply to Court-Ordered Mediations?

The existence and scope of a federal mediation privilege remains unclear.

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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."

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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.

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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?

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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.

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8/16

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.

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