Mediation Today
October 2019
10/14

Mediation 2019: Roundtable

Who’s Who Legal brings together Kate Jackson at Independent Mediators, Alan Limbury at Strategic Resolution and Mercedes Tarrazón at Dispute Management, SL to discuss issues facing mediation lawyers and their clients in the industry today. read

 

Singapore Ministry of Law weighs in on importance of global mediation efforts

Two representatives from the Singapore Ministry of Law have spoken out about the historical signing of the Singapore Convention of Mediation, which is set to impact cross-border commercial disputes going forward. read

 

Judges Head Back to School to Prepare for Presumptive Mediation Initiative

When officials from the state Office of Court Administration asked if professor Alexandra Carter would be open to having the judges sit in this year, she jumped at the idea. read

 

Impasse in Mediation

Why does impasse occur in mediation? In my experience as a commercial mediator, impasse most often flows from a combination of cognitive biases and flawed risk assessments. read

 

Rebuilding Empathy in the UK

In an increasingly turbulent and polarized world, where fear and anxiety are on the march and divide and rule is more in evidence, it is tempting to circle the wagons to keep those who disagree with us at bay. read

 
10/09

Ayodhya hearing: Mediation details leaked on Twitter, claims lawyer of Muslim parties

Supreme Court is hearing the Ayodhya land dispute case on day-to-day basis and on the 37th day of hearing the Muslim parties argued that details of the mediation process were leaked online. read

 

Ayodhya: Mosque side turns down mediation feeler

Days after Ramlalla Virajman, one of the three main parties to the Ram Janmabhoomi-Babri Masjid title suit, told the Supreme Court that they would not participate in the mediation process, the side arguing for the mosque has also turned down an invitation by the Supreme Court-appointed mediators. read

 

After last spring's mediation efforts, Penn volleyball says its focus is on the future

Players were tight-lipped about the past season's controversy. read

 

The problem with Luther’s roommate mediation

I want to preface this piece by making it clear that there are no villains in this situation; simply people who had conflicting lifestyles, and that I take issue with the system which exacerbated the problem its processes were designed to resolve. read

 

Mediators as evaluators — Weighing risks in resolutions

Mediators must always remain independent in resolving disputes between widely disparate views and interests. However, mediators evaluate cases to some degree when facilitating settlement discussions between parties. read

 

Child-dragging case goes to mediation

Mediation is the next step in the case of the former teacher accused of dragging an autistic boy through school hallways in October 2019. read

 

Mediation underway for MLA Nadine Wilson, lawyer says

Mediation is underway for a Saskatchewan Party MLA charged with assault involving a private family matter. read

 

Amid Standoff Over Funding Formula, High School Mulls Mediation

With growing discord over the regional high school funding formula, district school committee members agreed Monday that mediation may be the only option in a process that has become increasingly complicated and controversial. read

 

Deschutes County court mediation program marks 25 years

The court’s mediation program, established in 1994, resolves in excess of 65% of small claims cases and 90% of landlord-tenant cases that participate in mediation.

 
10/03

‘I Decide Whether To Accept And I Say No,’ Says Indian FM On Trump’s Mediation Offer

‘I decide whether to accept and I say no,’ says Indian FM on Trump’s mediation offer India didn’t accept foreign mediation in its conflict with Pakistan over Kashmir and will not do so now following the offer from US President Donald Trump, the country’s top diplomat said after returning from New York. read

 

Mediators as evaluators — Weighing risks in resolutions

Mediators must always remain independent in resolving disputes between widely disparate views and interests. However, mediators evaluate cases to some degree when facilitating settlement discussions between parties. Critics have highlighted the inherent danger of the mediator’s role as a case evaluator. read

 

NSCC town hall focuses on diversity, cultural mediation

The Northeastern Student of Color Caucus, or NSCC, held its first town hall of the fall semester this past Thursday, where students shared some of their concerns about Northeastern. read

 

Predicting mediator’s agenda key to success

Mediation results in a settlement more than 85% of the time. However, getting to “yes” is hard work — especially for the mediator. While we lawyers do a great job of advocating in mediation, we could do more to make the process more productive, and perhaps improve the likelihood of settlement, by focusing on developing the mediator’s agenda in advance of mediation. read

 

After last spring's mediation efforts, Penn volleyball says its focus is on the future

Allegations of both mistreatment and an unresponsive athletics administration cast a shadow over Penn volleyball last spring after the Quakers struggled to a 6-19 record in coach Iain Braddak’s first year at the helm of the program. read

 

Mediation’s role in elder law issues

When adult children disagree on the best course of action regarding ailing parents, disputes dating back to childhood can resurface. read

 

Child-dragging case goes to mediation

Mediation is the next step in the case of the former teacher accused of dragging an autistic boy through school hallways in October 2019. read

 

‘Quite an adventure’: How the Swiss brought peace to Mozambique

Mirko Manzoni can hardly believe he has a peace deal for Mozambique in his pocket. As lead mediator, he spent three years shuttling between the country’s president and rebels in the bush, and it was not easy. But he says the accord finally signed in August could be a model for Swiss good offices. read

 

Intercultural Mediation

Being able to understand another person’s viewpoint is essential for effective communication. read

 

Mediation Lessons From the Talmud: The Components of an Effective Apology

In this latest post exploring mediation lessons from the Talmud, we discuss the components of an effective apology (the Talmud being an ancient Jewish legal text compiled around 500 C.E. that is a primary source of Jewish law and philosophy). read

 

‘I know I’m not a bully, and I felt the need to say that’: an employee’s account of mediation

Every HR professional will be aware of the benefits of workplace mediation, particularly if it can avoid the cost and stress of an employment tribunal. But how does it feel for the employee? Here’s one anonymous worker’s experience of the process. read

 
10/01

After court mediation, organizers and Aichi Triennale festival hosts agree to reopen 'comfort women' exhibition for three days

Organizers of controversial art exhibition "After 'Freedom of Expression?'" announce Monday in Nagoya that they and the host of the exhibition have agreed a three-day reopening.  read

 

Girl guides parents to mediation

In a bid to unite her parents, who have been living separately, a 12-year-old girl, a class 6 student from Sivaganga district, has managed to convince them to resolve their differences through mediation. read

 

Ram Lalla counsel says no to new round of mediation

The Nirmohi Akhara, the traditional sebaiyat of the deity, too is staying away from the process. That places a greater responsibility on the top court to wind up the arguments well ahead of the deadline. read

 

Mediators have to have balance – learning circus skills was a big help

One of the skills mediators need to have is the ability to manage any biases and assumptions that may affect a mediation. This is important when helping people resolve disputes, as the ­mediator needs to act and have the confidence of the parties that it will be in an even-handed manner. read

 

Mediation in insolvency cases for a better resolution

The Insolvency and Bankruptcy Code has changed the legal as well as the economic topography of India. read

 

India’s stand clear on Kashmir, won’t accept third-party mediation: Jaishankar

Categorically rejecting any scope for third-party mediation between India and Pakistan on Kashmir, External Affairs Minister S Jaishankar has said that India’s stand has been clear for decades and the two countries can discuss the issue bilaterally. read

 

Federal government says mediation could help resolve $200M SRS plutonium lawsuit

As South Carolina's plutonium fines lawsuit transitions to an appeals court, the federal government has indicated the matter could benefit from mediation, despite prior settlement negotiations collapsing and securing a favorable ruling soon after. read

 

South Africa’s No. 1 Platinum Union Seeks Wage Dispute Mediation

South Africa’s biggest platinum mining labor union has referred a wage dispute with both Anglo American Platinum Ltd. and Sibanye Gold Ltd. to outside mediators. read

 

Mediate.com Launches MediateIndia! Proven Bridge Between Professional Mediators and the Public

Mediate.com, the world’s most visited dispute resolution site and most used mediator directory, has launched MediateIndia! CAMP, based in Bangalore, is the Foundational Sponsor for MediateIndia! read

 

Criminal charges against IRS security guard sent to mediation

The criminal case against an IRS security guard who held a Lucas County Sheriff’s deputy at gunpoint has been sent to mediation. read

 

Opelika native begins legal mediation career -- at age 19

In his office on the first floor of the Lee County Justice Center, 19-year-old Jamie Lowe drew three overlapping circles to illustrate a theory shared with him by Circuit Judge Mark Fellows for finding the “sweet spot.” read

 
September 2019
9/24

Mountain Mediation Center Initiating Series Of Community Conversations

Mountain Mediation Center, a nonprofit organization that provides conflict resolution to residents on the Wasatch Back, is expanding its services to include hosting a new community conversation series. read

 

Walmart open to mediation on EEOC complaint on gender bias

Memos from the EEOC were issued in July and urge the parties to reach a resolution. The agency said there is “reasonable cause” to believe there was gender bias, according to the Wall Street Journal. read

 

Small claims court mediation program leads to fair outcomes, participants say

The Winkler Institute for Dispute Resolution revealed the data collected by its partnership with the Osgoode Mediation Intensive Program and the Osgoode Mediation Clinic throughout the 2018 to 2019 academic year. read

 

A Neuro-Linguist’s Toolbox – Self-Care and Improvement: Preliminary Thoughts

I have been looking into matters of self-care and personal improvement for mediators recently and was surprised to find that, even though there has been some writing on this, there isn’t a lot. read

 

Ayodhya case: Court allows resumption of mediation process in Babri masjid Ram temple dispute

Sets October 18 deadline to complete hearings in temple-mosque dispute. read

 
9/16

Tarrant County judge orders mediation and shares threats of violence in Vic Mignogna lawsuit

If mediation fails to produce a settlement by Oct. 3, Judge John Chupp told the lawyers, he will rule on all outstanding orders the following day. read

 

Oglesby mayor sends police flap to a mediator

A mediator has been retained to settle the flap between Oglesby’s police chief and police commissioner. read

 

Judge orders mediation for family of woman who drowned in sheriff’s van

HORRY CO, SC (WBTW) – A judge has ordered the family of a woman who drowned while locked inside a sheriff’s van and all defendants in the family’s lawsuit into mediation. read

 

Advanced mediation: The solicitor’s new best friend

Advanced mediation is gaining traction. Natai Shelsen argues it gets results and preserves relationships read

 

Ayodhya parties want talks to resume, mediation panel tells Supreme Court

The Ayodhya mediation committee on Monday filed a short memorandum informing the Supreme Court that parties across the Hindu-Muslim religious divide have approached it with a request to resume talks to amicably resolve the over 70-year-old Ram Janmabhoomi-Babri Masjid title dispute. read

 

Adele's Husband Agrees To Joint Custody and Private Mediation

Adele's estranged husband, Simon Konecki has just filed a response in the couple's divorce, and it seems the split will be very amicable. read

 

‘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

 

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

 

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

 
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