Mediation in Today's News

March 2019

Creative Mediation: Alleviating Commercial Division Congestion

ADR has joined the Commercial Division with its own surge in popularity. It has enjoyed enormous growth in recent years as parties come to recognize its own benefits in addressing certain disputes. There is no reason why these two disciplines—litigation and mediation—cannot work in tandem to address the needs of our business community. read


A Closer Look: Mediation in Surrogate's Court

Families are complex systems. Mediation allows the parties to address emotional and inter-relational matters that cannot be addressed in the courtroom, but that might otherwise impede the settlement process. read


Mediation set in Dias murder case

SANDPOINT — Defense counsel for a Bonner County man charged with first-degree murder is moving to push back pretrial filing deadlines to accommodate civil mediation to resolve the case, 1st District Court records show. read


Ayodhya turns into security fortress as mediation panel members arrive

Barricades have been erected to restrict movement on the road leading to the guest house where the panel members are staying. Identity of all residents has been verified and heavy police force has been deployed in the area. read


Litigants oppose Ravi Shankar on Ayodhya mediation committee

A  Muslim litigant, too, has asked the spiritual leader to quit the panel if he fails to clear his stand on a letter in which he had purportedly suggested that Muslims should give up their claim on the disputed land. read


Egyptian mediator: Progress in talks between Israel, Hamas

Official says tentative agreement would see Gaza rulers ‘freeze’ use of airborne incendiary devices in exchange for easing of economic restrictions read


Gov. Ned Lamont says he fully supports foreclosure mediation program, but it could be absorbed into state’s court system

A Lamont spokeswoman said the governor “fully supports” mediation services but noted the current caseload of 12,000 is less than half of the 27,000 when the program was created a decade ago. read


MIT Taps Prominent Mediator to Resolve Retirement Plan Suit

Massachusetts Institute of Technology announced plans to take a pending class action over its retirement plan to a professional mediator. The school March 11 sought permission to pause the case so it can pursue mediation with Hunter Hughes Alternative Dispute Resolution. The mediation is scheduled for May 22. read


Ohio Auditor Wants to Expand Public Records Mediation Program

Under Ohio’s Public Records law, many local and state government records must be provided to the public, upon request. There is a mediation program in place to resolve disputes over what is and isn’t a public record. The state official in charge of that program wants to expand it. read


How an outside mediator helped broker Virginia's new solar legislation

“Nobody got everything they wanted, but it advanced the cause of rooftop solar and net metering,” an advocate said. read


MIND YOUR HEALTH: Couple or family mediation can be of great benefit

Disputes happen between husbands and wives. Disagreements occur in families. Businesses often have partners that no longer are on the same page. Oftentimes it is difficult to resolve issues that are upsetting in these various relationships. read


Emory, Workers to Mediate Retirement Plan Class Action

Emory University and about 45,000 workers announced plans to take their dispute over the school’s retirement plans to a professional mediator. read


Explained: Mediation as a way out in Ayodhya – a short history

The 'Muslim' parties have told the Bench they are willing to participate in the process of mediation. But counsel for Ramlalla Virajman and Mahant Suresh Das have opposed the proposal. read


SC for mediation body in all districts for accident claims

NEW DELHI: Expressing concern over the delay in adjudication of compensation claim of road accident victims who suffer because of a long legal battle against insurance companies, the Supreme Court on Tuesday said that such cases should be first decided through mediation and asked the Centre to consider setting up of accident mediation authority in each district. read


City of Memphis, Elvis Presley Enterprises headed to mediation over arena dispute

The City of Memphis and Elvis Presley Enterprises are headed to mediation. read


Ayodhya land dispute: SC to consider referring it to mediation

NEW DELHI: The Supreme Court on Wednesday will have a crucial hearing on Ram Janambhoomi-Babri Masjid land dispute in Ayodhya to decide whether the politically sensitive case can be adjudicated through mediation. read


City of Richmond Hill and Bryan County will start mediation in lawsuit

After months of disagreements, Bryan County and the City of Richmond Hill might be looking at the light at the end of tunnel. Both groups announced Monday they will start mediation in April. read


Ethical Principles for Online Dispute Resolution

With an increasing proportion of our lives taking place online, it is not surprising that alternative dispute resolution is quickly becoming an online dispute resolution (ODR). read

February 2019

Benefit Of Mediation Over Litigation

An ounce of mediation is worth a pound of arbitration and a ton of litigation - Joseph Grynbaum read


How Can We Sell The Mediation Product If We Haven’t Worked Out What It Is

Why is there a resistance to mediation within the commercial world. There is an old saying that generals generally fight the last war. In my view much of commerce and many in the legal profession that support it are still stuck in the competitive adversarial 20th century world. read


Commercial disputes costing businesses £11.6bn a year

Commercial disputes are reportedly costing small businesses up to £11.6bn a year in litigation fees, the Federation of Small Businesses has reported. read


Obituary: Judge Lawrence W. Kaplan / Pioneered mediation in Family Court

“There’s no question at all, he was the father of mediation in Allegheny County and probably in Pennsylvania as well,” said state Superior Court Senior Judge Eugene Strassburger, Judge Kaplan’s longtime friend and colleague. read


Dram Shop Cases Are Perfectly Suited for Early Mediation

If we accept as true the proposition that 98 percent of civil cases settle, it would seem to make perfect sense for any one of the attorneys retained by any of the parties outlined above to ask themselves if this claim is the 2 percent case that will ultimately have to be decided by a jury in a small town in central Pennsylvania. read


Supreme Court explores mediation in Ayodhya title suit case

New Delhi [India], Feb 26 (ANI): The Supreme Court on Tuesday said it will pass an order on March 5 whether the Ram Janmabhoomi-Babri Masjid land dispute case should be sent for mediation.A five-judge Constitution bench said, read


Legislation Proposes Mandatory Mediation in Kuleana Land Disputes

Remember when Mark Zuckerberg caused public outcry on Kaua?i after seeking land titles from kuleana property owners? Yeah, Hawai?i lawmakers haven’t forgotten either. A bill before the State Legislature aims to change the way these property disputes are resolved. read


Mediation: Don't Sign Anything Without Your Attorney

If the parties come to an understanding in mediation, the mediator will usually draft a document known as a “Memorandum of Understanding” or otherwise called a “MOU.” While a MOU lacks the detail and specificity of a full-blown, formal settlement agreement, it is recognized as a binding agreement if and only if it is signed by the parties. read


3 ways a business can use mediation to avoid litigation

Mediation before litigation can make tremendous business sense; the opportunity should be taken seriously, particularly in the life sciences, health care and other technical fields. read


The most powerful tool for a successful mediation

Information sharing is part of the mediation process. Some experienced negotiators have learned that sharing information voluntarily, without expecting anything in return, can be more effective. read


Latin America Dispute Resolution Update

The Latest Developments in Cross-Border Disputes Involving the US and Latin America (February 2019) read


Time Limited Mediation

It seems clear that time-limited mediation is widely used and here to stay, bolstered by both pragmatic and principled benefits. read


UK (England and Wales) - Commercial Disputes are costing small businesses 11.6 billion GBP per year, new research shows

Commercial disputes are reportedly costing small businesses up to £11.6bn a year in litigation fees, the Federation of Small Businesses has reported. read


Robot mediator settles first ever court case

A ‘robot mediator’ has been used to settle a dispute in the court system, for what is believed to be the first time. The online tool, which uses artificial intelligence (AI) algorithms in place of a human mediator, settled the three-month dispute in less than an hour. read


Community Mediation in Nepal: “A Hospital That Stitches Broken Hearts”

Since 2001, The Asia Foundation’s community-mediation program has offered an alternative way for communities to de-escalate conflicts related to land, property, business transactions, family quarrels, defamation, and domestic violence. read


More Use of Mediation in Settling Disputes

The Jamaican Ministry of Justice is looking to increase the use of mediation in resolving disputes in order to reduce the number of cases that go before the courts. read


Mediation strategies for special education students, families topic of Feb. 20 event

The Edmonds School District Student Services Department and the Special Education Advisory Council (SEAC) on Wednesday, Feb. 20 is presenting an event with Greg Abell, founder and principal of Sound Options Group. read


Ramsey County pushes for mediation over stalled Rice Creek Commons project — and gives deadline

Following a meeting earlier this month that appeared to get nowhere, the head of the Ramsey County’s board reiterated a call for an outside mediator to help the county and the city of Arden Hills come to terms on the Rice Creek Commons development project — and set a deadline for a reply. read


Global mediation ordered in Reagor-Dykes bankruptcy

In a Thursday court hearing, federal bankruptcy Judge Robert L. Jones called for a court-mandated global mediation meeting between the bankrupt Reagor-Dykes Auto Group entities and dozens of creditors. read


City of Toledo now offers free mediation services

TOLEDO (WTOL) - The City of Toledo wants to help you peacefully resolve arguments. Toledo's Human Relations Committee will now provide a mediator for any people or businesses that volunteer to work through their issues and come to a compromise. read


Court mediation held between Southwest Virginia Wildlife Center and neighbors suing nonprofit

ROANOKE, Va - A court mediation was held Friday between leaders at the Southwest Virginia Wildlife Center and the neighbors suing the center, Stan and Jane Seymour, Adrian Maver and spouse Blaine Creasy. read


Mediation Is One Way to Avoid Litigation

Here are answers to some basic questions about resolving co-op and condo disputes through mediation.  read


Second court mediation between SWVA Wildlife Center of Roanoke, neighbors to wait at least a month

ROANOKE, Va. (WFXR News) - A months-long legal battle between the Southwest Virginia Wildlife Center of Roanoke and area neighbors won't end for at least another month, according to Executive Director Sabrina Garvin. Not due to an issue with either side, she said, but because of busy court dockets. read


Mediation program in Texas helps patients fight surprise medical bills

Austin, Texas — Here's a startling fact: In the U.S., nearly 60 percent of bankruptcies are caused, in part, by medical bills. So, finding ways to lower those bills has never been more important. A new program in Texas may be the solution. read


UK (England and Wales) - Housing dispute resolution proposals will impact developers

All private sector landlords will be covered by the new Housing Complaints Resolution Service, including providers of student accommodation and developers building new leasehold homes. They will also be subject to a new legal requirement to join a redress scheme. read


Australia’s new dispute resolution body to accept complaints dating back to 2008

The Australian Government proposes to widen AFCA’s remit so that the body accepts complaints dating back to January 1, 2008. read


New behaviour guidelines for Quebec hockey parents aim to keep action on the ice

Guidelines set out roles, responsibilities for parents, team and arena personnel, officials.  If parents tell a child to fight another player, for instance, the guidelines suggest they be confronted, placed into a mediation process and then brought in front of a disciplinary committee. read


Maryland-HBCU funding deal discussed with Black lawmakers

Gov. Larry Hogan met with members of the Legislative Black Caucus of Maryland last week to discuss a settlement to a long-running dispute over the state's treatment of its historically Black colleges, as well as other priorities of the caucus this legislative session. read


4 Things to know about ICC Mediation Week

The International Chamber of Commerce’s (ICC) largest education event, ICC Mediation Week, officially kicks off in Paris. More than 500 students, ADR practitioners and volunteers from across the globe are set to embark on a week-long journey of learning, networking and fun. read


Ireland: State seeks to resolve McCabe actions for damages through mediation

The State wants to mediate several damages actions brought against it by retired Garda sergeant and whistleblower Maurice McCabe. read


Rice Creek Commons dispute moves to mediation

Ramsey County is looking for third-party help to resolve long-simmering differences with the city of Arden Hills over the planned redevelopment of the former Twin Cities Army Ammunition Plant site in Arden Hills. read


Mediation scheduled in lawsuit against Nashua superintendent

A private mediator will be used in an effort to resolve a civil lawsuit brought forward by a former school board member against Superintendent Jahmal Mosley. read


PBGC Pilot Mediation Project is Now Permanent

The Pension Benefit Guaranty Corporation (the “PBGC”) launched a Pilot Mediation Project in October 2017 to provide plan sponsors an opportunity to negotiate resolutions in Early Warning Program cases. Following its trial run, the PBGC announced last month that it would make the Mediation Program permanent. read