Mediation in Today's News

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July 2019
7/16

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. read

 

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. read

 

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. read

 

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. read

 

Bracketing in Mediation: When to Use It and Why It Works

Why bracketing works offers a fascinating glimpse into the psychology of negotiation and mediation. read

 

Canada to launch “world first” MedArb

ADR Institute of Canada pushes pioneering role with planned launch of new rules, designation and templates for Med-Arb. read

 

Federal Judge orders parties to mediation over conditions of migrant children detention centers

US Federal District Judge Dolly M. Gee of the Central District of California ordered the federal government and plaintiffs of a class action suit to mediation Friday to remedy conditions at migrant children detention centers. read

 
7/10

Ayodhya dispute: SC told no progress made in mediation

The Supreme Court was on Tuesday told by one of the parties from Hindu side to adjudicate Ayodhya dispute matter “on merit and decide it expeditiously”, on the ground that no progress has been made in the mediation. read

 

From the Talmud

Making peace in mediation by giving others the benefit of the doubt. read

 

The Benefits of Preventative Workplace Mediation

Resolving discrimination complaints internally before a charge is filed
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Save L.A.’s Dispute Resolution Program: Amy Alkon

A broad coalition of volunteer mediators are rising up to call for the program to be preserved. read

 

U.S. Women’s Team and Soccer Federation Agree to Mediation in Pay-Equity Suit

Players and their employer agree to begin mediation process after the current World Cup ends read

 
7/09

Report calls for greater use of mediation

A report has been launched which calls for mediation to be used to resolve disputes which would otherwise end up in court. The Expert Group on Mediation in Civil Justice in Scotland has launched a report which shows the value of mediation. read

 
7/01

China’s mediation ‘encourages’ Kim, Trump to rebuild friendly atmosphere

The third meeting between US President Donald Trump and North Korean leader Kim Jong-un took place on Sunday in the Demilitarized Zone (DMZ) of Panmunjom, which divides North and South Korea, with experts saying the historic event shows China's mediation has successfully encouraged the two sides to build an amicable relationship. read

 

More cases should be resolved through mediation: Judge

Expressing concern about less number of cases being resolved through mediation, Justice Vineet Kothari, the second senior-most judge of the Madras High Court, urged the panel advocates attached to the District Legal Services Authority (DLSA), to settle more cases through the mechanism of alternative dispute resolution.
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Song Joong Ki and Song Hye Kyo asks for divorce mediation

Song Joong Ki and Song Hye Kyo announced their divorce recently. The couple is speculated to have asked for divorce mediation instead of a divorce agreement. read

 

John Sturrock: Still set on making mediation mainstream

While mediation is now used to a greater degree than in the past, various efforts over the past two decades or so to promote its benefits have not significantly changed a legal culture committed to litigation. read

 

Mediation - A choice or an order?

Mediation is usually a voluntary process. A consultation has recently been launched, however, on a proposed Mediation (Scotland) Bill. The proposal does not suggest mandatory mediation but instead proposes that when a case first comes to court, a duty mediator should be appointed who will meet with the parties. The point of that initial meeting is to float the idea of mediation. read

 

US Soccer and USWNT players agree to mediation over pay dispute

U.S. Soccer and the 28 women’s national team players who have sued the federation over pay inequity and other workplace issues have agreed to mediation, a sign their dispute could be headed toward a resolution. Mediation is expected to begin shortly after the Women’s World Cup ends July 7. read

 

Texas Court Says Express Consent is Key if You Want Your Mediator to Arbitrate Disputes That Arise When Memorializing a Settlement

If parties wish to empower their mediator to arbitrate open issues, however, the language in any settlement reached at the conclusion of a mediation should clearly and unambiguously express the consent of both parties for the mediator to serve in that role, as per a recent Texas appellate court decision. read

 

EEOC Celebrates The 20th Anniversary of Its Mediation Program

In honor of the 20th anniversary of the EEOC's mediation program, the Pittsburgh Field Office will host an open house where the public can meet Pittsburgh Area Office Director Roosevelt Bryant and EEOC mediation staff and learn about the benefits of the EEOC's ADR program. read

 

Judge orders U.S. into mediation on border patrol treatment of migrant children

A U.S. federal judge on Friday ordered the government into mediation to resolve serious concerns about the treatment of migrant children at crowded U.S. border patrol facilities in Texas. read

 

Recognizing and Addressing Confirmation Bias in Mediation

One key element of the study suggests that lawyer overconfidence stems (at least in part) from confirmation bias. read

 

Mediator may be brought in to help with tiny home dispute

SEATTLE — A mediator may soon play a role in the outcome of a dispute involving residents at the Othello Village who are on "strike" over who should run their tiny house village in Seattle’s Rainier Valley. read

 
June 2019
6/28

Babylon Town hiring mediator to try to end years long dispute over proposed apartments

Babylon Town has ordered a mediator be used to help settle a more than decade long dispute between Wheatley Heights residents and a farm owner who wants to build hundreds of apartments on his property. read

 

Mediation Viable Alternative for Conflict Resolution: CJ

The judicial officers who spoke on the occasion said that mediation is emerging as an effective tool for conflict resolution and the need of the hour is to play an active role in making the mediation a success and a viable alternative. read

 

Using The Power Of The Robe To Further Mediation

Lawyers need nudging from the bench from time to time. Mediation practice in Florida evolved that way. read

 

Appellate Court Enforces Agreement to Mediate Workplace Disputes

A recent New Jersey appellate decision offers a primer on how to properly document workplace agreements to mediate so they are binding and keep workplace disputes out of court. read

 

Ross honored for mediation work

Queen Anne’s County Circuit Court Judge Thomas G. Ross was recognized April 30 with the Chief Judge Bell Award. Following a day of training with the judiciary and dinner, Ross was presented the award for Outstanding Contribution to Alternative Dispute Resolution in Maryland. read

 

How Mediators Can Add Value to the Estate Planning Process

Mediators can add substantial value to the estate planning process by helping estate planning lawyers prevent or resolve such disputes while mitigating attendant ethical concerns and professional risks. read

 

Mediator Proposal Best Practices

The use of a mediator’s proposal to resolve such a high profile dispute as PG&E’s liability to municipalities for wildfire damage provides a suitable opportunity for a more detailed look at mediator proposal best practices. read

 
6/25

3 Things You Should Know About Real Estate Mediation

Unlike litigation, real estate mediation is not time-consuming. Also, it is not expensive which could lead to stressful situations. To ensure that you are able to reach an agreement, hire a professional mediator. read

 

When Memorializing a Mediated Settlement, Empower the Mediator to Resolve Any Disputes Over Language

To avoid any issue with the enforceability of an agreement in principle signed at the conclusion of a mediation, parties should agree in advance that if negotiations to memorialize the settlement in a more formal agreement break down, the mediator shall resolve any remaining disputes over language or otherwise. read

 

A World Class Mediator Shares 7 Ways to De-escalate Your Office Tension

Mediation, a form of dispute intervention that focuses on reaching understanding, offers plenty of tactics to help turn fraught deskside conversations into productive ones. read

 

North Bay Cities, Counties Agree To Mediator's Proposed Wildfire Damage Costs By Pg&E

Napa and Sonoma counties and the cities of Santa Rosa and Napa announced Tuesday they have agreed to a proposed settlement with PG&E over the damage caused to them during the 2017 wildfires in the North Bay. read

 
6/21

From the Talmud: Leveraging Reciprocation Bias in Mediation

The message is that my behavior (whether positive or negative) towards another person will be reciprocated by that individual. read

 

Tony O'Reilly, former nurse agree to mediation

Retired H.J. Heinz CEO Sir Anthony O’Reilly and his former personal nurse, Sabina Vidunas, have agreed to enter mediation to try to settle Ms. Vidunas’ claims alleging that Mr. O’Reilly reneged on a promise to pay her some $40 million worth of stock as compensation. read

 
6/17

‘Bitcoin Inventor’ Craig Wright’s Satoshi Lawsuit Mediation at ‘Impasse’

Self-proclaimed “bitcoin inventor” Craig Wright attended a mediation conference in Miami related to his $10 billion lawsuit against the estate of deceased computer genius Dave Kleiman. read

 

State opioid nuisance trial: Retired chief justice named mediator in dispute over settlement

Steven W. Taylor, a retired chief justice of the Oklahoma Supreme Court, has been named a special master to try to work out a dispute between state lawmakers and the state attorney general over a pending $85 million settlement agreement between the state of Oklahoma and opioid maker Teva Pharmaceuticals USA Inc. read

 

Berkeley schedules mediation to resolve KC’s BBQ dispute

The city of Berkeley has agreed to pay for a professional mediator to resolve a dispute between KC’s BBQ in Berkeley and a group of neighbors who have complained about odor and smoke coming from the restaurant’s outdoor smoker. The mediation is scheduled for July 9. read

 

Commission for Efficiency of Justice adopts new tools on cyberjustice and mediation

At its 32nd meeting (Strasbourg, 13-14 June 2019), the CEPEJ adopted a Toolkit for the implementation of the Guidelines on Cyberjustice, a European Handbook for Development of National Legislation on Mediation as well as Guidelines on designing and monitoring mediators training schemes. read

 

The Mediator’s Proposal: If Both Sides Say Yes, Make Sure It’s Binding

An important technique in any mediator’s toolkit is the mediator’s proposal. Typically used as a measure of last resort to avoid litigation after all other options for compromise have been exhausted, a mediator’s proposal recommends a dollar number (and perhaps other terms) to settle the dispute. read

 

New Zealand passes farm debt mediation bill

New Zealand Agriculture Minister Damien O'Connor announced Monday a new debt mediation scheme that will help farmers in financial distress deal with their heavy debt. The Farm Debt Mediation Bill requires creditors to offer farmers who  default on payments mediation before they take any enforcement action. read

 

Conflict prevention, mediation: among ‘most important tools’ to reduce human suffering, Guterres tells Security Council

Conflict prevention and mediation are two of “the most important tools at our disposal to reduce human suffering” United Nations Secretary-General Antonio Guterres told the Security Council on Wednesday. read

 

The Social Network: Lessons from the Mediation That Resolved the Dispute Over the Founding of Facebook

Those who saw the award-winning film, The Social Network, are familiar with the dispute between Mark Zuckerberg and the Winklevoss twins (and their business partner, Divya Narendra) over the founding of Facebook. What many fans of the movie might not be aware of is that the Zuckerberg-Winklevoss dispute was resolved through mediation. read

 

Mediation Talks Begin In Ohio State Abuse Lawsuits

Accusers of doctor Richard Strauss met with Ohio State University attorneys in Cincinnati this weekend to begin mediation over a pair of lawsuits against the school. An independent investigation revealed Richard Strauss abused at least 177 men, and a number of administrators at the time failed to adequately respond. read

 

Preserve LA's Dispute Resolution Program

For 30 years -- since Avis Ridley-Thomas founded it in 1989 -- the Dispute Resolution Program has been providing free mediation for Los Angeles residents. Not surprisingly, the reason given for cutting the program is "budget cuts." read

 

Canada: Complexity, Newton and New Directions in Mediation Research

Let’s talk some more about mediation research.  To recap, in his February 2019 post to this Blog, Michael Leathes argued for the need for more field-based research into mediation. read

 
6/11

EU proposes emergency WTO dispute settlement measures

The European Union is working on alternative dispute resolution measures to get around an impending blockage in the World Trade Organization's Appellate Body.  For several years, the US has blocked new nominations to the WTO's dispute settlement panel, due to dissatisfaction about the way it operates. If nothing changes by the end of the year, the Appellate Body will have too few members to function. read

 

Time for an update: How to revisit the EU’s framework for international mediation engagements

In 2009 the EU adopted the Concept on Strengthening EU Mediation and Dialogue Capacities, its first-ever strategic document focusing specifically on mediation. Ten years later, the EU’s concept and practices of mediation need an update, write Julian Bergmann, Toni Haastrup, Arne Niemann and Richard Whitman. read

 

Using Charitable Donations to Resolve Disputes in Mediation

I’ve occasionally read about disputes that were resolved in whole or in part through a charitable donation. I recently had an opportunity to use this technique to mediate a dispute between a landlord and a tenant over the condition of the premises vacated by the tenant at the conclusion of the lease. read

 
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