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Mediation News
May 2020
5/19

Blind bidding – the next logical step in remote mediation

This article discusses a relatively new concept of "blind-bidding mediation". It is mediation stripped to its barest essentials. It is fast and cheap. It is genuinely innovative. What's more, it works.

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With the family courts closed, mediation may be the only option

Delphine Eskenazi explains how the Paris Bar is deploying mediators to resolve parental access disputes during Covid-19

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Pandemic Pushes Dayton Mediation Center's Expansion Goals Forward

The resolution sessions are generally done face-to-face, with the conflicting parties and a mediation specialist all present. Now the COVID-19 pandemic has changed all that — and in some ways, it’s sparked some positive outcomes for the mediators.

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Singapore International Mediation Centre Implements Faster, Lower-Cost Process During COVID-19 Pandemic

A new fee schedule will especially benefit parties with lower-valued disputes.

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5/12

Mediation program to help landlords, tenants

Big Island tenants and landlords alike are being offered free mediation services by a county program seeking to stave off a flood of COVID-related evictions later in the year.

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Virtual Caucuses Can Improve The Mediation Process

Should we mediate now by videoconference, or wait to schedule an in-person session after the coronavirus pandemic ends? Lawyers, clients and neutrals all over the country are asking this question.

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Embrace Mediation To Build A Healthier Community

It may be challenging, but it is preferable to war, political division and protracted civil disputes.

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Tesla Suit Over Virus Plant Referred for Mediation

Tesla Inc.’s lawsuit against Alameda County, California, over a closure order affecting its plant there has been referred into a mediation process, a standard step under the San Francisco federal court’s local rules.

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5/05

Mediation is a much better option than court right now

Now more than ever, people are turning to using Mediation. It may be Business Mediation or Corporate Mediation, or Family Mediation to settle an estate, all of which aim to bring a case to an agreed conclusion much cheaper and faster, which makes a great deal of sense for all.

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Rapid Response Mediation Landlord-Tenant Program

In order to flatten the eviction curve, a multi-sector stakeholder team convened to develop a Rapid Response Landlord-Tenant Mediation Program. The program will be offered through West Hawai‘i Mediation Center and Ku‘ikahi Mediation Center, with the goal of providing timely conflict prevention and resolution

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Mediation in Family Law Cases During COVID-19

Due to COVID-19, ADR (most often mediation) is the only immediate option available for many, and that mediation now generally must take place online.

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April 2020
4/28

The Era Of Video Mediation Is Here — Or Is It?

Mediators are selling online video mediation these days. The evidence is in every litigator’s social media feed and email inbox. But are litigators buying? The evidence is not clear.

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Mediation of Interlocutory Appellate Disputes Offers Opportunity for Efficiency Gains

If referrals to mediation have the likely effect of winnowing down the overall appellate caseload, it makes sense for mediation to be a default prerequisite.

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Mediation is extended to 150 days

ST. PAUL — The Minnesota Department of Agriculture (MDA) reminds Minnesota farmers and ag lending institutions that the state legislature extended the length of mediation available for farmers in the Farmer-Lender Mediation Program from 90 to 150 days.

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IndyBar: The Impact of COVID-19 on the Future of Mediation

As the recent coronavirus pandemic has swept through the nation and has changed many aspects of our lives, so too has the landscape of the legal field. One of the most significant changes to have taken place over the last month is the way parties are conducting mediations.

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UN Convention Puts Some Teeth In Mediation Enforcement

United Nations member states, including the United States and China, recently signed the Singapore Convention on Mediation. Touted as a “kinder, gentler” way to settle international disputes, the convention also has some teeth to make any mediation binding.

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FMCS says early investments in virtual mediation paying off during pandemic

Today, all 150 federal mediators are connected and conducting virtual mediation using at least one video conference platform.

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4/21

Mediations on the rise as students try to get out of rental contracts

More students are mediating their rental agreements with landlords since the COVID-19 pandemic caused BYU to shut down the campus. Many students have returned home but find themselves still obligated to pay the rent for their off-campus housing. BYU’s Center for Peace and Conflict Resolution anticipated to see a rise in mediations last month and issued a statement to set expectations for students.

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Family and Dispute Resolution in Pandemic Times

In their Mediation column, Abby Tolchinsky and Ellie Wertheim write: Mediation is a tool that lends itself to these critical pandemic times—for families previously living with great levels of tension and conflict, the chance to have a facilitated conversation and ease the pressure can help spare them added anxiety and even resolve or preclude anger.

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Confined and In Conflict? Humboldt Mediation Services is Offering Help Via Videoconferencing During Shut-In

The nonprofit Humboldt Mediation Services is helping folks peacefully navigate their conflicts through videoconferencing technology.

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Reminder to Farmers and Lenders: Mediation Has Been Extended to 150 Days

The Minnesota Department of Agriculture (MDA) is reminding Minnesota farmers and ag lending institutions that the state legislature extended the length of mediation available for farmers in the Farmer-Lender Mediation Program from 90 to 150 days. Minnesota farmers that are in debt can renegotiate, restructure, or resolve farm debt through mandatory Farmer-Lender Mediation.

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4/14

Effective Virtual Mediation During the Coronavirus Crisis

Virtual mediations allow clients to resolve disputes during the coronavirus pandemic, offering an acceptable alternative to in-person mediation. Hon. Suzanne Segal, a retired magistrate judge, discusses considerations to enhance their effectiveness.

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Mediating While Socially Distant

My Surprisingly Uneventful Experience in Uncharted Waters

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Why might businesses want to mediate employment disputes?

Mediation differs from litigation in several ways. The mediator is a neutral third-party who facilitates discussions between the employer and employee. Unlike a judge, a mediator is not a decision-maker. It is ultimately up to the parties to reach a settlement through mediation.

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How Effective is Electronic Mediation in the Age of COVID-19?

As businesses suffer through this crisis, it is more important than ever that disputes get resolved in a timely and efficient way. And there is a time-tested solution to this problem: mediation. With a new twist, thanks to social distancing.

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Virtual Mediations Are Zooming Forward . . . Jump on Board

With most of the country on stay at home orders and court closings, parties are adapting quickly to virtual litigation activities that are customarily done in person. This includes virtual depositions, mediations, arbitrations, and trials. In this post, I will talk about virtual mediations.

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Business Is Booming for Mediators as COVID-19 Cools Courts

Business is dramatically increasing, as long as mediators are able to offer options for remote attendance," said Mark Lemke, incoming president of the Southern California Mediation Association

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4/12

State Supreme Court announces expedited parenting time mediation program in response to COVID-19 pandemic

A North Dakota Supreme Court order establishing an Expedited Parenting Time Mediation Program comes as Grand Forks' local court braces for an influx of cases involving parenting disputes due to the COVID-19 pandemic.

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4/07

Using Anthropology For Social And Religious Mediation

In contrast to a third referee capable of sanctioning, standing at an equal distance from the two protagonists and outside of the conflict (such as the president of a court or the referee of a football match), the third party mediator shall have no authority guaranteed by law.

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Lawsuit by Gupta family heads to mediation

A federal lawsuit filed by the Gupta family claiming their daughter would be fed using practices that go against her religion has been referred to mediation.

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Does Your Family Need a Mediator?

Sure, a legal or tax issue could be putting the brakes on your succession plan, but more often it’s a communication roadblock. Maybe your spouse or sibling refuses to even talk about the hard decision you’re facing, or a father and son are in a decision standoff.

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4/01

How to navigate coparenting during the coronavirus crisis
PHOENIX (Good Morning Arizona) -- With the entire country now practicing social distancing, it's creating an unusual and sometimes difficult situation for parents who share joint custody of their kids.

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Pandemic compounds challenges facing divorced and separating couples — mediator
Asnat Hacohen highlights issues ranging from the impact of job losses on alimony payments to worries about protecting children in the homes of ex-spouses who have new partners

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AI as mediator: ‘Smart’ replies might help humans communicate
When an online conversation derails, participants might look to artificial intelligence to help get back on track, Cornell research shows.

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The Attributes of ADR That Make It Advantageous for IP Cases
This article explores the factors that make mediation, and sometimes mediation in combination with arbitration, a good alternative to IP litigation and shows you how to get to the end of your client’s dispute.

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Resolving Financial Disputes Through Mediation
A case study from the perspective of in-house counsel.

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Charles Oakley, Knicks owner James Dolan off hook for mediation talks

However, their attorneys are still required to participate in a court-ordered phone mediation.

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Building a new deal: Mediation, ADR gains popularity in construction disputes

Litigation is perhaps a knee-jerk reaction to resolving a contractual disagreement. But recent data suggests owners, architects, contractors and others involved in the construction process are gravitating more toward alternative dispute resolution. Mediation, in particular, is emerging as a preferred – and in many cases, required – option.

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March 2020
3/24

Supreme Court-Ordered Mediation Yields Agreement on Release of Low-Risk County Jail Inmates

The New Jersey Supreme Court issued an order late March 22 that will suspend or commute county jail sentences for low-risk inmates in light of the public health emergency caused by coronavirus (COVID-19).

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Wayne County Dispute Resolution Center offers online mediation
While it’s not business as usual for most individuals and organizations during the COVID-19 crisis, Wayne County Dispute Resolution Center (WCDRC), provides a helpful, online alternative to people who are eager to resolve disputes.

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Snyder: Mediation Is Critical Right Now
Courts are closed. Attorneys and claims professionals are working from home as best they can. But disputes continue.

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Tips For Online Mediation In The Age Of Social Distancing

When we cannot physically get together in the midst of our COVID-19 “social distancing” crisis, a practical alternative is to use an internet conferencing platform that allows for audio and video conferencing.

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James Dolan and Charles Oakley ordered to attend mediation in an attempt to squash Knicks lawsuit
Oakley sued Dolan for defamation, assault and false imprisonment after he was arrested and banned from MSG in 2017.  read more

 
3/17

Choose mediation over litigation in divorce

Mitigating harm to children is one of the primary reasons Michelle Dommisse, director of Michelle Dommisse & Associates, chooses mediation over litigation in divorces.

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Resolving Financial Disputes Through Mediation

A case study from the perspective of in-house counsel.

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Are We Ready For Mediation In Outer Space Disputes?

On the 17th February 2020 in Lagos, Nigeria, over 50 participants from some of Nigeria’s leading law firms, the Lagos Ministry of Justice and some of the contestants of the Arizona State University (ASU) Space Governance Innovation Contest based across Nigeria, gathered together for a panel discussion.

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Don’t Let a Crisis Go to Waste: Time To Explore Expansion of ODR for ADR

There has never been a better time to experiment both in the courts and in the private sector to expand the use of Online Dispute Resolution (ODR) for ADR.

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The World Mediators Alliance on Climate Change?

So, to wrap up: anyone for a World Mediators Alliance on Climate Change? WoMACC has a ring to it.

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Online and 'intelligent’ dispute resolution benefits are touted at ABA Techshow

Resolving court battles related to a condo dispute, a car collision or child custody matter can take months or even years, burdening litigants and the justice system. Shannon Salter, chair of Canada’s first online tribunal, and Jonathan Verk, founder and creator of the tech company Hyphenus, say there are more efficient ways to handle those kinds of disagreements.

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3/10

Construction disputes and mediation: securing the right result and getting home for tea

Most significant construction disputes go through, or at least flirt with, mediation at some point. Often it’s the last process they go through – because the success rate of mediation in securing settlements is very high.

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Archive