Mediation in Today's News

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October 2015
10/13

India: Mediation centres gain ground, over 100,000 cases solved in 10 yrs

Delhi has become one of the first cities in India to "effectively" reduce its pendency of cases through mediation, a procedure which is already a success in some foreign countries but is yet to gain momentum in India. The mediation centers in Delhi's six district courts have settled over 100,000 cases in the past ten years and have contributed significantly in bringing down the pendency in city courts.

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Singapore: New push for mediation in tenancy disputes

Tenants and landlords of commercial premises will be encouraged to resolve disputes through mediation under a new initiative by the Singapore Business Federation (SBF) and Singapore Mediation Centre (SMC).

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Mediation set for Nov. in Vikings stadium dispute

The public authority overseeing the new Minnesota Vikings stadium and the main contractor building it are headed for a three-day mediation session next month over disputed costs.

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A mediator is a conflict resolution specialist

How good it is to have a mediator, a trained conflict resolution specialist, to help you talk it out with the other people involved. To get to the heart of the matter, to turn what might have been sad, an economic loss, anger, a tragedy, to something of value, to something positive. And to do it quickly, not years later.

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Indiana BMV lawsuit headed to mediation

The lawsuit that accuses the BMV of overcharging drivers in Indiana for fees that include vehicle registrations is moving forward. A pair of developments could lead to a settlement in the case and as much as $50 million is on the line. That $50 million is taxpayer money that the state may be required to pay back.

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Mediation can help resolve business disputes

In our weekly series on legal matters, Clare Templeton, head of the commercial dispute resolution department at Walker Legal, considers how to solve problems without court action.

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Editorial: Mediation isn't prohibited by state mandated process

Although there is a formal process defined in state law concerning the revocation of a charter school's permission to operate, there is nothing to prevent a mediation process that would curtail what otherwise would be an adversarial process that could cost taxpayers millions of dollars in legal fees.

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AL Mediators see advantage in bypassing court action

A mediator can provide a cost effective and quick way to resolve commercial and domestic disputes, including divorces.

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10/06

By mutual consent, mediation or court: the three paths to divorcing in Japan

Here are some questions from a foreign resident here who is married to a Japanese citizen: “How does a foreigner get a divorce (no children involved) if the spouse refuses to sign a mutual consent decree? What are the fees, if any? What are the ramifications if the foreigner cannot afford the fees (if any)?”

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AU: Mediators to resolve toxic disputes in Victoria schools

Toxic disputes between parents and principals could soon be resolved by independent mediators in schools. As part of a new trial being run by the Victoria, AU Education Department, professional mediators will help Victorian principals resolve complaints that are "complex, serious and involv(e) conflict".

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Tensions at St. Cloud VA result in call for federal mediation

Tensions have become so high between management and workers at the St. Cloud Veterans Affairs Medical Center that two members of Congress on Friday proposed federal mediation to fix the problem. The acrimony became apparent during a closed-door meeting with workers and management at the St. Cloud facility Friday afternoon with U.S. Reps. Tom Emmer and Tim Walz. Emmer represents the district in Congress and Walz is a member of the House Committee on Veterans’ Affairs.

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Carter takes on peace-keeping mission, with the King siblings

To settle a long-running ownership dispute over their father’s Nobel Prize and Bible, the children of Dr. Martin Luther King Jr. have turned to a man who knows something about conflict negotiations: Jimmy Carter. The former president has agreed to serve as the King siblings’ mediator in a court battle over whether brothers Dexter Scott King and Martin Luther King III may sell their father’s possessions, Their sister, Bernice King, has argued the items are sacred and should remain with the family.

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Divorce Mediation Is an Appealing Alternative to a Court Fight

Couples who decide to end their marriage are often dealing with the most upsetting, stressful time of their lives, and the prospect of fighting tooth and nail in court to decide issues like child custody, visitation, and finances only piles on the emotional trauma. That’s why divorce mediation — a less costly, less stressful alternative to a contested divorce — is gaining in popularity.

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Trouble in Your Marriage? Try Mediation

The goal of mediation, however, is to resolve conflict, which has nothing to do with mental health. Mediation aims to help two (or more) parties find a mutually acceptable resolution to their points of difference or disagreement. It’s all about identifying goals and finding a way to achieve them that bypasses the inherent conflict.

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Negotiation Training: Turning the Lows of Colorado’s Marijuana Laws into Highs

On the heels of their successful statewide campaign to legalize cannabis, marijuana advocates began mobilizing for another fight. They began collecting signatures for another ballot measure, this one aimed at allowing citizens to vote on whether to legalize pot smoking in many Denver bars and restaurants. To the activists’ surprise, however, the Denver City Council approached them and asked to try to negotiate a solution instead. 

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Apple, Samsung agree to mediate California patent dispute

In a joint statement filed to a California district court on Monday, Apple and Samsung announced an agreement to participate in court-supervised mediation of their years-long patent dispute.

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Police, upset citizens mediate differences

Dayton Police Lt. Andrew Booher says a mediation program for police officers and citizens has been helpful in resolving problems and creating better understanding between officers and citizens. The city is among a small number of U.S. communities that give citizens opportunities to meet with police when they feel officers were rude, discourteous or behaved inappropriately.

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September 2015
9/29

Lagos Mediation Centre resolves 20,000 disputes in one year

The Citizens’ Mediation Centre (CMC) resolved about 20,000 of the about 28,000 disputes brought before it last year, the Solicitor-General and Permanent Secretary, Lagos State Ministry of Justice, Mrs. Funlola Odunlami, has said.

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Mediation increase reported by UK government

The number of mediation ‘starts’ increased by a third in the three months to June, the government has announced. In a new bulletin on legal aid statistics for the second quarter of 2015, the Ministry of Justice reports a 33 per cent increase in the number of times families at loggerheads began mediation, when compared to the same period last year.

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Hawaiian culture-based mediation won't be an option for those charged in telescope protest

A form of mediation based in Hawaiian tradition won't be an option for protesters arrested for blocking construction of a giant telescope. The state won't participate in the mediation known as hooponopono, said Josh Wisch, spokesman for the state attorney general's office. Hooponopono is traditionally used within families to work out differences, using prayer and discussion. Three defendants asked for the practice as an alternative to a trial. It seemed likely to happen after Hawaii County Prosecutor Mitch Roth supported the idea.

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Charleston church seeks $8 million for Yeager slide damage, mediation to begin

Yeager Airport officials are expected to begin mediation with representatives at the Keystone Apostolic Church in Charleston this week, following the massive hillside collapse that destroyed the facility earlier this year.

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Judges recuse themselves in court-ordered religious mediation case

The presiding Family Court judge in Albuquerque has recused herself from hearing any cases involving an Albuquerque mother who was court-ordered to attend religious-based mediation services. According to a court document obtained by KRQE News 13, District Court Judge Elizabeth Whitefield ordered all other Family Court judges to recuse themselves from hearing the cases as well.

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5 Myths About Divorce Mediation

Divorce does not have to be a battle. The only reason that tends to be the case is that most people only know of one thing they can do when they decide to divorce — hire attorneys and go to court.

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PA York County Commissioner Steve Chronister proposes mediation to end state budget impasse

York County Board of Commissioners President Steve Chronister proposes professional mediation as an end to the budget impasse at a news conference outside the York County Administrative Center in York Monday. The President of the York County Board of Commissioners proposed professional mediation as a way to fix the budget stalemate that is in its 90th day in Harrisburg. 

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9/22

Santa Clara judge orders parents of boy with autism, Sunnyvale neighbors into mediation

A Santa Clara County judge ordered the parents of a boy with autism, as well as their former Sunnyvale neighbors, into mediation. Those neighbors had filed a lawsuit saying the boy was a threat to their safety and did it as a last resort.

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Oman, a crucial mediator in the Mideast, helps free hostages held by Yemen's Shiite rebels

The two American hostages, freed after months of being held hostage in Yemen's raging civil war, took their first steps to freedom down a staircase pushed against a gleaming Oman royal air force jet. It's not the first time a scene like this has played out in recent years as the unassuming sultanate of Oman wields its influence as one of the Middle East's most useful go-to mediators of thorny disputes.

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Editorial: Mediators insult NJ Transit riders

When four years of fruitless negotiations between NJ Transit and its union employees went nowhere, federal mediators stepped in and offered non-binding recommendations in the hope of breaking the impasse.

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Kenya: Replace Senate With Elders' Council to Offer Mediation in Times of Crises

If a council of elders existed, it would be the best bet to ending the damaging standoff between the teachers and the government.

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State's agricultural mediation program recertified by USDA

The South Dakota Department of Agriculture's agricultural mediation program has been recertified by USDA's Farm Service Agency. The department says mediation is an alternative method of resolving agricultural disputes. The department is authorized to mediate disputes that involve debtor and creditor, federal lands, oil and gas and water drainage. Certain areas of the mediation program are partially funded by a USDA grant.

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Mediation under way in Newark student suicide lawsuit

A judge is overseeing mediation in a lawsuit filed by the family of a Newark High School student who hanged himself hours after talking to a school counselor and acknowledging a previous suicide attempt just days earlier. Wednesday’s mediation involves a lawsuit filed against Christina School District officials in 2010.

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Owner wants mediation over rejected Bonita car wash

The owner of the company that has failed to win approval for a car wash in US 41 in Bonita Springs says he'd like to sit down with the city before a mediator and reach a compromise.

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9/15

Resolving public record disputes in Ohio

Our mediation program assists (1) those who believe their request for records was improperly denied or was not responded to in a reasonable amount of time; and (2) local public officials who struggle with requests they see as ambiguous, overly broad, or difficult to fill. Anyone who has requested public records from a local public office, or a public office that has received a public records request, can apply for mediation so long as the requester hasn’t already filed a lawsuit.

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Christchurch's wheelie bin dispute resolved

An industrial dispute involving Christchurch's wheelie bin collection drivers is over. A number of wheelie bins were left uncollected for 24 hours last week when drivers refused to work overtime and clocked off at 2pm, leaving many bins unemptied. The drivers were upset about low wages and a lack of penalty rates for working more than eight hours a day. Waste Management and the Amalgamated Workers Union agreed to a resolution following seven hours of mediation.

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Why Mediation Helps Relationships

When conflict escalates, it can wreak havoc on personal and professional relationships, leaving more problems in its wake. Mediation can help. Mediation offers a way to work together on a solution that is mutually fair and sustainable. It helps you develop the skills necessary for maintaining healthy relationships at home, at work and elsewhere.

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An Enlightening Outdoor Mediation in Pennsylvania

Every once in a while something happens in the law so marvelous and entertaining that the first glass of wine at home in the evening is even more satisfying. That was my feeling after what may have been the first outdoor mediation in Pennsylvania's long and illustrious history.

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Jones-Drew civil case settled by mediation

Scheduled for a jury trial last week in St. Johns County, the civil case involving former Jacksonville Jaguars star running back Maurice Jones-Drew was settled instead. Jones-Drew was sued by former Conch House security guard Kasim Howard after an incident in which Howard was punched in the face.

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Mediation set for activist, Chattanooga police officer in Facebook squabble

A Chattanooga police officer and a local activist who got into a public squabble on Facebook late last year will sit down at the same table and talk things through. According to police records, that's part of the officer's discipline.

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9/09

Judge orders Utah GOP, state to find mediator in SB54 lawsuit

Wanted: Unbiased person with legislative, political and legal knowledge to referee the dispute over how Utahns choose candidates for primary elections. A federal judge Tuesday ordered the Utah Republican Party, the Utah Constitution Party and the state to come up with a mediator in their ongoing lawsuit, and to do it quickly.

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BC Supreme Court refuses exemption from mediation for Aboriginal fishing rights claim

The Supreme Court of British Columbia recently released a decision in Matsqui First Nation v. Canada (Attorney General), 2015 BCSC 1409, that has application to the resolution of Aboriginal rights claims, as well as the mediation of civil claims generally, before the Supreme Court of British Columbia. It confirms the very high threshold to be met in seeking an exemption from attendance at a mandatory mediation on the basis that it would be “materially impracticable or unfair to require the party to attend”.

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Energy Future Holdings – another major success for chapter 11 mediation?

Mediation has become an invaluable tool in large chapter 11 cases. Traditionally viewed as a means for resolving discrete disputes between a debtor’s estate and an adversary party, in recent years mediation in certain complex cases has evolved into a multi-party undertaking involving claimants from all levels of a debtor’s capital structure, with the ambitious goal of resolving the entire case through a consensual plan of reorganization.

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Settlement reached between Great Planes Airlines and BOK after mediation

A $15.69 million dispute stemming from a loan to Great Plains Airlines between the Bank of Oklahoma and the city’s airport was settled Monday for about 10 cents on the dollar after nearly nine hours of mediation at the Tulsa Hyatt Regency Hotel.

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Zuma tries mediation to stem job losses

Johannesburg - President Jacob Zuma yesterday met mining houses and organised labour to limit plans to shed thousands of jobs. However, analysts cast doubt on the impact of the meeting on limiting retrenchments, given the sector’s substantial challenges.

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Shanghai Launches First Online Mediation Court for Civil Cases

The first online mediation court was launched in a district court in Shanghai on Sept. 8 to hear cases involving mostly foreign litigants who cannot appear personally in court.

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9/01

Mediation 2015: Trends

The cost of litigation, from discovery to judgment, generally continues to rise in recognised centres of excellence such as the US, UK and Germany, meaning that clients are more concerned than ever with dispute avoidance or resolution at the lowest possible price. In this commercial environment, and given that the cost of arbitration also continues to rise, contributors to our research have highlighted the opportunity to further mediation’s reputation as a user-friendly, cost-effective and flexible form of dispute resolution that cannot only resolve disputes amicably and confidentially but facilitate stronger working relationships between commercial parties.

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Krier calls for mediation about Lucky’s sad plight

Lucky, a 55-year-old female elephant last year at the San Antonio Zoo, has lived alone for more than two years. Elephants are highly social animals. Still, zoo officials do not want to move her. Could mediation be a way to improve Lucky’s life? That’s the hope of City Councilman Joe Krier, who has called on the San Antonio Zoo and Animal Legal Defense Fund to head to mediation about Lucky’s inadequate living conditions.

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Mediation Program Saves Kane County Homes From Foreclosure: Study Finds AG-Funded Programs Are Effective

Established in 2014, the Kane County (IL) Mandatory Residential Foreclosure Mediation Program served 366 homeowners in its first year. The program, administered by Chicago-based Resolution Systems Institute ("RSI") through funding from the Illinois Office of the Attorney General and support from the Kane County Board, was established to assist homeowners struggling to navigate the court system with a fair and efficient process for resolving what happens to their homes. A recently completed evaluation found that the IL mediation programs are meeting this goal.

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Mediation 2015: Roundtable

Who’s Who Legal brings together three leading experts to discuss issues facing lawyers today.

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A New York Convention for mediation may be coming soon

In July 2014, during a session of UNCITRAL that took place in New York, a Proposal to undertake work on the preparation of a convention on the enforceability of international commercial settlement agreements reached through mediation/conciliation was put forward to UNCITRAL by the government of the United States of America. If the Convention is created and taken up, it will create a strong international legal framework for mediation.

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Dayton Police: Mediation to Help Resolve 'Eye Contact' Traffic Stop

Police officials say they are using mediation to help work through the issue of a contentious traffic stop that was recorded on cellphone video. A statement from the city of Dayton said a Dayton police officer, who they didn't identify, pulled John Felton of Michigan over Aug. 15, 2015, for failing to signaling within 100 feet of a turn. "During the stop the Officer additionally acknowledged that Mr. Felton made sustained direct eye contact prior to being stopped," the city's statement reads. "The traffic infraction was verified by the video; however making direct eye contact with an officer is not a basis for a traffic stop."

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Enforcing Prelitigation Mediation Clauses in State Court

When a dispute arises, parties to a contract generally look for ways to stay out of court if they can. Including a clause requiring mediation before litigation is one way to accomplish that goal. This kind of clause can make good business sense: after all, being warned of a dispute and having the chance to try and resolve it in mediation is usually preferable to being served with a summons and a copy of a complaint. Plus, a successful mediation is faster and cheaper than litigation and often more private. But what happens if a party fails to honor a prelawsuit mediation requirement and instead runs directly to court?

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August 2015
8/25

Florida, Seminole Tribe headed to mediation over casino agreement

The state and the Seminole Tribe are headed into mediation — shepherded by a lawyer whose past clients include Mick Jagger and Leona Helmsley — to resolve a possible standoff over the future of blackjack and other banked card games at most of the tribe’s Florida casinos. The tribe formally requested mediation last month after negotiations over the card games — part of a $1 billion, five-year deal — stalled this spring.

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