Mediation Today
January 2019
1/14

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

 

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

 

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

 
1/08

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
12/26

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

 
12/17

Full Court Fee To Be Refunded If Case Referred To Mediation By Court Ends In Compromise Decree

The Delhi High Court on Friday that an interpretation of the statute inuring to the litigant’s benefit should be preferred. read

 

Mediation: an overlooked way to access justice

Instead of going straight to the court, parties in conflict have the option to take the help of a trained mediator to reach a solution that suits them best read

 

ICSA on farmer debt: 'Mediation is the only show in town'

Financial institutions and vulture funds have been called on to cease forced eviction and “heavy handed tactics” by the Irish Cattle and Sheep Farmers’ Association (ICSA). read

 

Making The Case For Equal Pay, A Flutist Enters Mediation With The BSO

The Boston Symphony Orchestra and its principal flutist, Elizabeth Rowe, are reportedly trying to resolve Rowe’s gender discrimination lawsuit outside of the courts. read

 

Judge orders mandatory mediation in Mayor vs. City Council lawsuit

A judge has ordered a mandatory mediation to help settle the lawsuit filed by Mayor Sandy Stimpson against the Mobile City Council. read

 

Addressing Human Rights Violations With Mediation

The international human rights community is contemplating a role for mediation in redressing a subset of human rights violations. read

 
12/10

A Glimpse into the Future of Alternative Dispute Resolution in China

The Chinese legal system has matured dramatically in the past 10 years. ADR is also growing, with more than 300 providers doing business in China and arbitration being regularly used. read

 

Future Of Investor-State Dispute Settlement Mechanisms Under The United States – Mexico – Canada Agreement

This article focuses on the investor-state arbitration provisions in Chapter 14 of the USMCA, which represent a significant departure from the investment protections in Chapter 11 of the North American Free Trade Agreement (NAFTA). read

 

Australia’s new dispute resolution body registers steep increase in financial complaints

AFCA has so far experienced a rise of more than 47% in complaints received,  read

 

Mediator works to find common ground on Washington wolves

Francine Madden and her Washington, D.C.-based nonprofit, the Center for Conservation Peacebuilding. In a city full of fascinating but oddly narrow areas of intellectual expertise, Madden’s is particularly niche: Her job is to make peace between humans who are fighting over wildlife. read

 

AG office seeking volunteers to mediate consumer complaints

Volunteers can mediate consumer complaints over the phone or by mail. Complaints can range from landlord-tenant issues, to car repairs and sales, to warranty issues. read

 

Mediation planned for Boyle teen charged in stepmom's death

Mediation is scheduled this month in the case of the Boyle County teen being tried as an adult for charges concerning the 2016 death of her stepmother. read

 

Mediation valuable service in criminal justice system

Mountain Mediation Services has been providing an invaluable service to Western North Carolina’s criminal justice system for more than 20 years. read

 

UK: The Civil Justice Council Encourages Mediation

CEDR welcomes the new report on Alternative Dispute Resolution (ADR) from the ADR Working Group of the Civil Justice Council (CJC) of England & Wales. This report is clear in its endorsement of Alternative Dispute Resolution in general and of mediation in particular. read

 

Municipal court offers mediation

GALLIPOLIS — The Gallipolis Municipal Court offers confidential mediation services for parties looking to resolve differences and avoid lengthy decisions, court officials say. read

 
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