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Resolution Today
September 2019
9/11

‘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. read

 

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. read

 

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. read

 

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. read

 

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. read

 

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. read

 

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, read

 

Snyder: A Mediation Quiz

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

 

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. read

 

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. read

 
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. read

 

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. read

 

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. read

 

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. read

 

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. read

 

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. read

 

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. read

 
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. read

 

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, read

 

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.” read

 

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. read

 

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. read

 

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. read

 

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. read

 
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. read

 

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. read

 

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. read

 

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. read

 

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

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

 

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." read

 

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. read

 

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? read

 

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. read

 
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. read

 

Robots and AI threaten to mediate disputes better than lawyers

Algorithms and big data are entering the often shrouded world of alternative dispute resolution read

 

China Belt and Road disputes set to fuel mediation’s global rise

Singapore moves to take advantage of Asian growth as preferences shift away from arbitration. When in June a Kenyan court blocked construction of the country’s first coal-fired power station, it was not only a blow for the project’s Chinese backers, say lawyers, it was also a sign that China’s Belt and Road Initiative (BRI) might benefit from better dispute resolution. read

 

From the Talmud: Curiosity May Kill the Cat But It’s Key to Successfully Mediating Disputes

Alexander the GreatIn this latest post on applying Talmudic principles in mediation, we discuss two vital mediation techniques — encouraging empathy and exhibiting curiosity. read

 

Mediator appointed in Stormy Daniels case

The city of Columbus could be nearing a settlement with Stormy Daniels over her arrest last summer. New records show the court has appointed a mediator to the case. read

 

46 States Sign Singapore Convention on Mediation

On 7 August 2019, 46 States signed the UN Convention on International Settlement Agreements Resulting from Mediation, which will, pursuant to a UN resolution, be referred to as the "Singapore Convention on Mediation” (or referred to alternatively in this post as the Convention). Those States include, among others, China, India, Singapore, South Korea and the United States. read

 
8/13

Judge urges Israel Folau and Rugby Australia to settle dispute through mediation

Israel Folau and Rugby Australia could face a February 2020 trial if they fail to resolve a multimillion-dollar unfair dismissal case brought by the former Wallabies player and staunch Christian. read

 

India again rejects Trump’s Kashmir mediation offer

India on Friday again rejected President Donald Trump’s offer to mediate its dispute with Pakistan over Kashmir. India’s foreign minister said he told Secretary of State Mike Pompeo that any discussion of the disputed Himalayan region would be between India and Pakistan only. read

 

Judge orders mediation over cell service dispute

A federal judge ordered a wireless company and the Village of Lake Success to go to mediation to find a way to resolve their dispute over whether Lake Success unlawfully denied the company’s request to install cellphone service equipment in the village. read

 

Local rape case goes to mediation

A Murray State University student accused of raping a fellow student in September will have his case heard by a mediator. read

 

U.N. members sign mediation convention to settle trade disputes

Members of the United Nations on Wednesday signed the Singapore Convention on Mediation, an agreement it hopes will make it easier to settle cross-border commercial disputes and stabilise trade relationships. read

 

The US is seeking someone to mediate a war between seals and humans

Federal authorities are struggling to broker a peace between humans and seals on the Hawaiian island of Molokai. People have murdered at least eight endangered Hawaiian monk seals in the past decade in what can seem an intractable conflict over natural resources. read

 

Special Report - International Mediation

The UN Convention on Mediation in Singapore marks mediation’s growing role in settling cross-border trade and political disputes. The first in a three-part series of articles discusses the rise of mediation and, for the UK and EU, how it might help resolve the mess of Brexit. read

 

Top Strategies for Preventing and Breaking Impasse in Mediation

What can mediators do to prevent negotiations from reaching an impasse? And if parties reach an impasse, what can mediators do to break it? read

 
8/08

Mediation: Avoiding The "S" Word In IP Litigation

Conventional wisdom states that “whoever says the “S” word first loses.” This is where the neutral nature of “mediation” plays an important role. read

 

Why the UK and EU need mediation to unpick the Brexit mess

A commercial mediator makes the case for intervention to tease out an agreement read

 

Mediation Design: Start With the 'Why'

What reasons for mediation would lead parties and/or counsel to design the process a little differently? Here are some. read

 
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