Mediation News
January 2021
1/12

Legal Problems between Business Partners Can be Resolved with Mediation Tools in Costa Rica

It is important that Tico companies have a shareholders agreement, real statutes and good advice to understand how to apply corporate governance

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Court urges family to make efforts to mediate in dispute over hotel business
A High Court judge has urged that further efforts be made to mediate a dispute between family members over the running of a company that owns hotels in Dublin and Galway employing 180 people. read more

 

EEOC Announces Extension of Act Mediation Pilot

The U.S. Equal Employment Opportunity Commission (EEOC), today announced that it was extending the pilot program that expanded opportunities to voluntarily resolve charges through mediation through Sept. 30, 2021.

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Why we need more women mediators

Nevertheless, there is also a deeper meaning to mediation. It is to reveal how conflict and peace share a similar human face: fear, anger, hope and social belonging.

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Changes to the California Family Rights Act and Small Employer Family Leave Mediation

California Governor Newsom signed Senate Bill 1383 (SB 1383) which greatly expanded the California Family Rights Act (CFRA). Some of the notable changes include: Expanded Definition of Family Members – The list of family members is expanded to include siblings, grandparents, grandchildren, and domestic partners. Additionally, the definition of “child” now covers all adult children as well as children of a domestic partner.

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Clear Space, theater complex opponents enter into mediation

With new public hearings scheduled, former AG Gebelein agrees to help groups reach consensus

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Moving America forward: lessons from the mediation table

As a mediator, I have helped thousands of people, some of them diametrically opposed, find compromise. Along the way, I’ve learned valuable lessons that can be applied on a larger scale to help our nation find a way forward.

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1/05

Spinney completes earthwork; mediation yields planned settlement

Jeff Spinney will lay no mat over the fresh layer of washed stone he applied to his boat ramp on the Sheepscot River, according to Spinney and his proposed deal with Alna.

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Study examines decline in civil and criminal jury trials and how to bring them back

While judges and lawyers view jury trials as slower, less predictable and less cost-effective than other forms of case resolution, they also view them as fair and prefer them over alternatives, according to a national study released in December by the ABA Commission on the American Jury.

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Hopedale to enter into talks with railroad over disputed land

Hopedale officials will begin mediation talks next month with the local railroad, in an attempt to peacefully end a lawsuit over about 150 acres of disputed property off West Street.

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The Key to a Happier Divorce
This is an ode to private mediation, particularly its positive impact on children. read more

 

M.V. Mediation program takes on evictions

The Martha’s Vineyard Mediation Program (MVMP) is now part of the statewide Eviction Diversion Initiative (EDI). The EDI is an array of programs that help landlords and tenants affected by the pandemic.

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December 2020
12/29

The (Zoom) room where it happens

March 2020. At first, I thought — we all thought — mediations will have to be put on hold until we can do them “in person.” It quickly became apparent that doing anything in person would involve risk and adhering to stringent protocols. The courts were on hold, and if the practice of law were to continue, the litigation world could not remain on hold too. We couldn’t wait around for everything to get back to “normal” in the courts.

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Mediation: Practical tips for help resolving a dispute

The term “mediation” is often heard but not always understood. Anyone who has consulted an impartial, trained person in a dispute will know, but without having faced such a situation, many will need guidance – and this is the place to find it. Here there are details about the process, the difference between conciliation vs. mediation, and tips to choose the right type of mediation.

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India top court proposes mediation panel to end farmers’ protest

Court offers to set up panel to end three-week protest by tens of thousands of farmers demanding repeal of new farm laws.

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Mediating Through A Photographer’s Lens

Whether I’m looking to shoot a subject or capture memories, I don’t immediately whip out my camera and start snapping. The same preparation goes into getting ready for a mediation. I do not just show up on the day of mediation and walk in and start the mediation. I first have to ask several questions of myself.

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12/22

First-in-the-nation program will train Mass. Realtors to mediate eviction cases

The Massachusetts Office of Public Collaboration (MOPC) supports community mediation centers throughout the state that, with funding from Baker’s Eviction Diversion Initiative, are now offering free, pre-court mediation services between landlords and tenants for non-payment evictions. Soon, a group of Realtors will join their rosters of trained, volunteer mediators, aiming to help renters and landlords reach agreements that both can live with.

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Can mediation save a sharing settlement over Nazi-looted Pissarro?

A Paris court has ordered Léone-Noëlle Meyer and the University of Oklahoma to return to the negotiating table.

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Philadelphia’s Eviction Diversion Program Extended After Showing Results

According to data provided by City Council Member Helen Gym’s office, a sponsor of the program, 399 mediations have been held to date, resulting in 261 agreements so far.

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New mediation program for landlords and tenants, emergency aid to renters, to be provided by Housing Initiatives of Princeton

Housing Initiatives of Princeton, a local nonprofit that helps low-income working families and individuals in and around Princeton avoid homelessness by providing them with transitional housing and temporary rental assistance, will manage a new round of rental assistance for people who need financial support to pay rent as the pandemic continues.

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Do we really need a fresh stand-alone mediation law?

This article examines the necessity for a fresh Indian legislation on mediation. Let us begin by recalling that Alternative Dispute Resolution (ADR) is a collective term for a wide range of mechanisms through which disputing parties can resolve their dispute outside the court system, and, at times, alongside the court system. Section 89 of the Civil Procedure Code (the Code) enables a court to refer the litigating parties in a pending case to the ADR processes of arbitration, conciliation, Lok Adalat, judicial settlement or mediation.

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Eviction Mediation Program Seeing Some Success, But Common Ground Still Elusive in Many Cases
The head of Nevada’s eviction mediation program says the number of people taking advantage of the service is on the lower end of what she expected it would be, but it’s seeing some success in helping landlords and tenants work out agreements that keep people in the home.

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IP mediation: government funding & Key Developments in Singapore

When parties are engaged in a dispute over IP rights, mediation is an amicable way of resolving a dispute that allows parties to engage in a dialogue that is guided by their interests. Mediation generally results in time and cost savings for parties, as parties have control and certainty over the process to discuss and formulate a win-win solution for both parties.

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12/15

Practicalities of Mediating Via Zoom

This article provides an overview of the practicalities of conducting a mediation session by Zoom.

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Virtual Mediation Offers Nothing to Fear

The COVID-19 pandemic has forced everyone inside and outside the legal profession to come to terms with using virtual applications to conduct business. The present circumstances have forced in-house counsel, litigation attorneys, and others to accept the necessity of engaging in virtual mediation to resolve cases.

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Philadelphia's Eviction Diversion Program has been extended into 2021

Philadelphia City Council unanimously voted to extend the city's Eviction Diversion Program into 2021, meaning that hundreds of renters in the city could avoid losing their homes during the COVI-19 pandemic. The program created a requirement that landlords attempt mediation with tenants before entering the eviction process. This allows for alternatives to eviction that keep tenants housed and get landlords paid,

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New Mediation Plan Targets Backlog of Cases in Tennessee Courts

The Tennessee Supreme Court has approved an innovative Alternative Dispute Resolution Plan prepared by the Alternative Dispute Resolution Commission (ADRC) to assist courts facing a backlog of civil cases caused by the COVID-19 pandemic.

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Resolving Bad Blood in Venture Partner Disputes

Venture partners should work hard to resolve and settle disputes as early as they can, and in a manner that will not jeopardize assets under management.

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What mediation teaches us about healing and bridging social divides: Thomas Wahlrab and Robert A. Baruch Bush

Even after the election results are finalized and the new president inaugurated, one thing will remain unresolved – the deep divide within the nation that the campaigns for the presidency confirmed.

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The Case for Pre-Suit and Early Mediation

Where resolution is always the ultimate goal, mediation serves a vital purpose as a vehicle for exploring settlement in high stakes litigation where unnecessary and protracted litigation costs may be avoided by all parties

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Dispute holding up $816M sale of NPC restaurants heads to mediation

A version of the fast-food wars that is holding up the sale of 1,300 restaurants owned by Leawood’s NPC International Inc. is heading to mediation.

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Mediation for Title IX cases: A significant benefit

The Department of Education Office for Civil Rights issued new Title IX regulations effective August 14, 2020. These new regulations permit other methods of dispute resolution including mediation with expert mediators who are trained and experienced not only as mediators, but also as knowledgeable facilitators, trained in Title IX, who can effectuate a resolution of the case that empowers the student to engage in that resolution process.

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12/08

Solving landlord-tenants disputes outside of court and without eviction should be the norm.

Keeping tenants struggling to pay rent in their homes while making landlords whole is always a challenge. The coronavirus pandemic made it many times more difficult with fewer resources and many more tenants facing the threat of eviction. Recognizing the danger of people losing their homes during a public health crisis, the city launched a new Eviction Diversion Program as a temporary fix — but it should become the norm.

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'GOING COVID': Why more Okanagan couples are seeking counsellors, mediation, divorce

The pandemic may be taking a toll on relationships as some couples counsellors, divorce lawyers, and a family mediation firm all report they've seen an uptick in business since the pandemic.

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Philly’s Eviction Diversion Program shows some early success

Diane Buchanan wasn’t sure what to think when she got an automated text message and email asking her to participate in mediation with her landlord. On her end, she was struggling to pay rent because of the pandemic. On her landlord’s end, the home’s refrigerator needed repairs.

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Fiduciary Law: Five Tips for Litigation in the Time of COVID

Over the last nine months, the lawyers in the Trust & Estate Litigation group have participated in all manner of remote litigation proceedings. We’ve been involved in multiple mediations, depositions, and court hearings. Below are a few of our takeaways and tips from this ongoing experiment in remote litigation.

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Longtime Sarasota mediator honored with award

On Oct. 16, at the annual (virtual) conference of the national Academy of Professional Family Mediators, Michael Lang was honored with the award for the Outstanding Professional Family Mediator for 2020. 

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How to Mediate with Difficult People

The other side just aren’t making sense… As a mediator, the above concern is a reason you may hear for why there wasn’t a settlement or even a mediation at all: “We can’t get them to the table and even if we could they wouldn’t negotiate – they’re just so unreasonable, difficult and confusing.” So, what is wrong with the other side?

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12/01

Today’s Business: Refining the process of alternative dispute resolution during a pandemic

With the COVID-19 pandemic, the world has changed, and the Alternative Dispute Resolution process along with it.

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Resolving Employment Disputes through Mediation
From health and safety concerns of the COVID-19 pandemic, to systemic discrimination issues amidst the Black Lives Matter movement, to continued fallout from the #MeToo movement, employers are currently facing a unique environment that is both increasing the number of workplace disputes and changing how they handle the disputes.

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WIPO Arbitration and Mediation Center Registers Its 50,000th "Cybersquatting" Case

The WIPO Arbitration and Mediation Center on Monday announced it had registered its 50,000th "cybersquatting" case. The 50,000th case just received by WIPO coincides with the organization's 20th anniversary on November 20, 2020.

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Mediation and the art of managing emotions

It never ceases to amaze me how often parties say that their emotions play no part in a dispute.

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November 2020
11/24

J&K High Court concludes Online Mediation training sessions
Mediation and Conciliation committee of High Court of Jammu and Kashmir today successfully concluded 40-hour online Mediation training sessions for judicial officers of Jammu, Kashmir and Ladakh.. Mediation training must for making judicial system more effective: Chief Justice read more

 

Virtual Mediations Are Fairly Effective

Virtual mediations have been fruitful for a number of reasons.
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Scotland: Landlords promote early communication and mediation to solve Covid rental issues
SCOTLAND’s largest landlord membership organisation has urged landlords and tenants to work together to sustain tenancies at risk due to the Covid-19 pandemic and ensure tenants access all available support to pay their rent.

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‘It’s a conversation’: Philly’s alternative to landlord-tenant court is preventing eviction

When Philadelphia enacted the Emergency Housing Protections Act this summer, it mandated that landlords had to use the new Eviction Diversion program through the end of the year for tenants experiencing hardship because of the pandemic.

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Russia’s Children Ombudsman urges mandatory pretrial mediation in family disputes

MOSCOW, November 23 (RAPSI) – Introduction of the procedure of mandatory pretrial mediation in civil cases relating to family law and development of territorial conciliation services are to facilitate readiness of citizens to negotiate and save families from disintegration, Russia’s Children Rights Commissioner Anna Kuznetsova believes.

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Why Mediation Is the Holy Grail for Health Care Disputes

In health care cases, whether the dispute is between a health care system and an insurance company or a hospital and a physician, the patients are the ones who are most affected. How can solutions be tailored to allow for optimal patient care?

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Potential flood of eviction cases could be too much for county mediation program

A county program providing free mediation services to tenants and landlords has an uncertain future.

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Making Peace: Mediation as an essential tool for modern commercial dispute resolution

UK: It is common for commercial dispute lawyers to be described as 'litigators', but the skills and tools employed by the modern dispute resolution lawyer are far more versatile than that label suggests.

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