Mediation in Today's News

January 2019

Avoiding real estate litigation

The use of ADR in real estate disputes has been gaining steam. Regina lawyer Rodger Linka became increasingly disillusioned about the litigation process. In a transition period after practising law for 40 years, he took a serious look at the alternative dispute resolution process, recently becoming a mediator. read


Belmont land deal lawsuit goes to mediation

A federal lawsuit over a 2017 deal to buy land for the new Belmont Middle School went to mediation last week but no settlement was reached. read


PBGC makes mediation program permanent, including fiduciary breach cases

A pilot PBGC mediation program was made permanent and expanded to include fiduciary breach cases, the Pension Benefit Guaranty Corp. said Thursday. read


Judge orders mediation in Bergen Catholic wrestling case

A Bergen County judge on Friday ordered both sides to enter into closed-door negotiations to resolve the contentious case of a wrestler who has accused his coach at Bergen Catholic High School of sex abuse. read


Mediation mindset can resolve conflicts, government or personal

“The shift” is often imperceptible in mediation. What starts out as a heated and contentious business negotiation suddenly turns to a rational exchange with voices even and tempers cooled. read


The hitchhiker’s guide to mediation

Dispute resolution through mediation can avoid the uncertainty, cost and rancour of court proceedings. read


After Prince Philip’s car crash, one local charity says mediation is the answer

The debate as to when individuals should end their driving careers was highlighted again following the road traffic crash that involved Prince Philip, on 17th January near to the Sandringham Estate in Norfolk. read


Mediator to handle Oregon Legislature civil rights complaint

The Oregon Bureau of Labor and Industries says it will pursue mediation over a civil rights complaint against the state Legislature, whose leaders were accused of allowing harassment to persist. read


'History in the making' as women who made racist posts face Indigenous mediation circle

Women were charged last summer after Facebook posts about 'shoot a Indian day' and '24 hour purge' read


ODRways, NUJS Kolkata Hold 2nd Indian Mediation Week

The 2nd edition of the Indian Mediation Week (IMW) was organised in the form of business mediation summits between the 10th and the 15th of December across four cities—Kolkata, Chennai, Mumbai and Delhi. The program was organized by ODRways, in collaboration with National University of Juridical Science, Kolkata (NUJS) read


Special mediator seeks to deliver justice in church sex abuse cases

ROCHESTER, N.Y. (WHEC) - Cases of alleged sexual abuse by priests in the Rochester area went into a special series of hearings this week before a retired state Supreme Court judge. read


'It's Not Impossible': Mediator George Mitchell On Shutdown Solutions

Former senator, former Senate majority leader and former Northern Ireland special peace envoy George Mitchell knows what it’s like to deal with intractable conflicts, where the parties are dug in and sworn to fight until victory. So who better to listen to today than he? read


Commentary by a professional mediator: Here's how to end the shutdown

Take it from a professional mediator: Both the president and Congress have engaged in bad bargaining practices. read


Hospital bill mediation requests spike in Texas

Texans are increasingly taking advantage of the state's billing mediation program as they face unexpected out-of-pocket medical costs. read


Federal court to pursue mediation in Richard Strauss sex abuse lawsuits

A federal court intends to mediate two pending cases against Ohio State University over its handling of abuse allegations against the late Dr. Richard Strauss. read


India: Mediation boon for judiciary, it’s not against lawyers

Explaining on the mediation process, the CJ said, it was not against the lawyers and that litigants were very much in favor of mediation and ADR. read


I’ve mediated my share of disputes. Here’s how to end the shutdown

The issues here are not as complicated as people want to make them read


14 ways to make your divorce as painless as possible, according to a therapist

Between 40 and 50% of married partners in the United States end up divorcing. Though there's no easy way to end a marriage, there are some things that can help make splitting up less terrible. read


How Mediation Can Help Your Business Avoid Going to Court

When a dispute arises it can be difficult knowing how best to resolve the problem with the minimum of disruption, time and expense. read


Trusting the Mediator—Why It Matters in Franchise and Other Disputes

In franchise disputes, lawyers and parties who search for mediators drill down on mediators’ professional backgrounds, often paying the most attention to whether potential mediators have previously represented franchisors or franchisees. read


The Singapore Convention on Mediation: Good News for Businesses

On June 26, the United Nations Commission on International Trade Law (UNCITRAL) approved the final draft of the Convention on the Enforcement of International Settlement Agreements and its associated Model Law. read


Matrimonial mediation pilot program starts in Brooklyn

Brooklyn is now one of three locations in the state that will begin a presumptive matrimonial mediation pilot program in which couples seeking to get a divorce will go through a mediation session before going to court. read


Can You Teach An Old Lawyer New Tricks? A Longtime Attorney Takes A Weeklong Mediation Training

Anyone feeling a bit too comfortable in their lawyer job should take the risk and try something different — like mediation. read


Prosecutor suggests airport fix through mediation

Nez Perce County exploring ending joint-powers agreement, while city may seek greater control through a contract. read


The Journey From Bench to Arbitration and Mediation: Retooling, Not Retiring

I retired from the Philadelphia Court of Common Pleas in the middle of my 23rd year on the bench and transitioned from the life of a trial judge to that of an arbitrator/mediator. read


The Oregon Bureau of Labor and Industries Will Enter Mediation With Legislative Leaders

Workplace regulator and lawmakers seek to settle BOLI's findings of sexual harassment in the Capitol. read


Moving Mediation Forward in the UK

Nicola Crowther and Alex Rayner talk about the growing demand for mediation services across the region, and how they are helping businesses in dispute to move forward. read


Online dispute resolution program begins in CT

NEW HAVEN, Conn. (WTNH) - It is the beginning of a new way to settle contract disputes without going to court. It's called online dispute resolution. read


AU: Reforms to NSWs dispute resolution scheme under way

Reforms to NSW’s workers’ compensation dispute-resolution process commenced this week, in a move set to minimise disputes by making the system simpler, clearer, and more consistent. read


Adhere to alternate dispute resolution methods: Justice Sanjeev

Justice Sanjeev Kumar, Judge High Court of Jammu & Kashmir and Portfolio Judge for district Ganderbal Saturday urged the staff to adhere to alternate dispute resolution for speedy, timely and inexpensive justice. read


Comment: More mediation needed for Family Court

Four years ago major reforms to the family justice system were put in place to help parents resolve disputes without having to go to court. Mediator Keri Morris looks at how things could be improved. read


Who gets to keep the dog in a divorce?

For some people, their pet is almost like their child. ‘In most cases, the court will look into what is in the best interest of the pet, and will get in an expert to say who is in the best position to look after it. read


Online filing of claims for employment disputes activated in Singapore

Effective 7 January 2019, parties in an employment dispute in Singapore can file their claims online via the Community Justice and Tribunals System (CJTS) without having to travel to the State Courts, thanks to the launch of the Employment Claims Tribunals (ECT) Online Filing Module. read


Ontario court deems Uber’s mandatory arbitration clause ‘unconscionable’

The Ontario Court of Appeal has reversed a lower court decision in a proposed class action against Uber. The court determined that the company’s arbitration provision, which sends matters for arbitration to the Netherlands, represents an “unfair bargain” and is “unconscionable.” read


Working with both spouses to mediate a divorce proceeding

Tracy Kendel explains how mediation can be used in divorce proceedings to ensure parents can co-parent their children. read


Chief Justice Patil to inaugurate regional conference on mediation in city on Jan 12

The conference will be inaugurated by Chief Justice of Bombay High Court Justice N H Patil at 10.25 am at “Palacio Hall,” Hotel Centre Point, Ramdaspeth read


New Mediation, Ombuds Course Offered With Santa Clara County

For the first time, the class is provided for free through a request by the Board of Supervisors. read


Mediation as an Alternative to Estate Litigation

Lawyers can educe the court workload while providing voices to the parties’ positions without jeopardizing settlement positions. read


Seeking the win-win: Mediation group marks 25 years of dispute-resolution services

PETOSKEY — Rather than the outcome often seen in court-based resolutions to disputes — with one party losing the case — a Petoskey-based organization aims to help people resolve such conflicts in ways that are satisfactory to all concerned. read


Judge orders mediation in lawsuit between black farmers and seed company

MEMPHIS, Tenn. — A federal judge on Thursday ordered mediation between a group of black farmers and a seed company they said targeted them and sold them bad soybean seed. read


Mediation scheduled in effort to resolve dispute over new Senators arena

OTTAWA — The three parties involved in a dispute over a plan to build a community featuring a new downtown arena for the Ottawa Senators will go to mediation to try to resolve their differences. read


Court orders mediation in Maryland desegregation case

RICHMOND, Va. (AP) — A federal appeals court has ordered a fourth attempt at mediation in a long-running dispute over the state of Maryland's treatment of its historically black colleges. read

December 2018

UK (England and Wales) - A mediator should always be an expert in the subject matter in dispute

Some mediator training organisations insist that, once someone is trained in the skills and techniques of mediation, they can mediate any type of dispute without specialist knowledge of an issue. read


Canada - Who Pays the Mediator for an Ontario MVA Mandatory Mediation?

The Court declared, “The mediator is entitled to be paid now so it is only fair that who should pay be determined now.” read


Brexit Negotiated? Online Dispute Resolution will be more than an alternative

In this blog I discuss the rise of ODR (online dispute resolution). I review recent developments including a live, online Brexit negotiation, which point to a mainstream future. I conclude that ODR will become an integral part of the justice system. read


As Voting Rights Lawsuit Heads To Mediation, New Election System Likely For Lowell

Lowell is 49 percent non-white. However, the city council and the school committee have just one non-white member each. Last session, there were no minorities in either body, and a voting rights lawsuit says this is no coincidence. read


Blue Valley Trucking Terminal controversy headed to mediation

A trucking terminal controversy will be sorted out in mediation. We have been following this story closely for you, and the residents of a Boise mobile home park and the owners of a trucking company have been at odds over the construction of a new trucking terminal. read


Should couple try mediation?

Mediation is always worth trying, provided there is no real power imbalance in the relationship. Not only does the process save money, it helps bring the two of you to the table to talk about difficult things and find a joint solution you can both live with. read


Stratton bringing love of mediation to lieutenant governor's office

Juliana Stratton, who will take the oath of office as Illinois’ lieutenant governor on Jan. 14, hopes to bring her professional love — bringing people together to work out differences — to the new job. read


Iraqi tribes under fire over age-old mediation custom

Years of conflicts have left many Iraqi communities flush with guns, contributing to violent tribal mediation methods. read


Judge Orders Cincinnati Zoo, Gorilla Foundation To Work Out Dispute

A judge in California is directing the Cincinnati Zoo and the Gorilla Foundation to work together on a solution to their dispute over a 37-year-old gorilla named Ndume. read