Mediation in Today's News

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August 2021
8/24

Time to regain momentum on the benefits of mediation

Making ADR mandatory does not guarantee that cases settle, but you do create more opportunities for the rational assessment of litigation risk and to agree on remedies that the courts cannot provide.

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Outcome of Guzman mural remains unclear after mediation

The future of a more than 40-year-old mural on Guadalupe Street remains unclear after a day of talks between an artist striving to save the painting and a state agency determined to remove it from a building undergoing renovations.

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The Future of Mediation by Video Conference

There are two significant ways in which mediation by video conference will change construction law and both are a function of removing the need to travel. First, video conferencing allows more people to attend a mediation without significantly affecting the cost and trouble of the attendance. Second, mediation by video conference opens the doors for mediators to expand a localized mediation practice to a national one.

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Seaport developer, lender agree to mediation over troubled ‘leaning’ tower

The city halted work on the “leaning” South Street Seaport tower in April after the construction manager withdrew from the project. At the time, construction had already been stalled for months, and the project’s lender was fighting to take over the tower, attempting to foreclose on a $120 million loan.

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8/17

Why State-Funded Mediation Is A Reliable Means To An End

Recently, the Chief Justice of India, Justice N V Ramana highlighted the need for mediation to be made a mandatory first step in domestic dispute resolution. This carves out the ever-expanding scope of mediation, as a cheaper, faster and reliable means of redressal.

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Building a Stronger Dayton: Juvenile court cases being diverted to Dayton Mediation Center

Montgomery County Juvenile Court said over 50% of juvenile court cases are diverted and a portion of these cases are diverted to the Dayton Mediation Center. The center offers a wide range of services helping teens learn to communicate and work through their troubles, and most importantly, give them a second chance.

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Mediation next milestone in Cortez Bridge battle

Legal representation for a group of five complainants — including the Florida Institute for Saltwater Heritage, a Cortez nonprofit — and the Florida Department of Transportation will meet with mediator Stephen Tabano, a Tampa attorney, Aug. 25 to attempt to resolve a legal dispute related to the size of a replacement for the Cortez Bridge.

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Judge orders mediation in mural controversy

The Gilberto Guzman mural on the Halpin Building is shown in 2019. Green construction tarp now covers the mural, which is the subject of a heated controversy over plans by the state Department of Cultural Affairs to remove it.

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Opinion: Instead of eviction, landlords, tenants agree to mediation

In Philadelphia, a rare program has been met with a chorus of praise.

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8/10

'Hear us out': Police, neighbors to paint mediation mural in predominantly Black neighborhood

ArtWorks, a nonprofit that employs youth to create public art for their communities, is spearheading the project: the Avondale Police Mediation Mural.

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Five Easy Ways to Fail at Mediation

Here are the top 5 ways to fail (in no particular order).

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Tensions Continue As Saratoga Springs Moves Toward Mediation With Activists

In another sometimes tense meeting, the Saratoga Springs City Council provided updates on items related to police reform and mediation with Black Lives Matter protesters Tuesday night.

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The Creative, Collaborative Use of Neutral Experts in Environmental Mediations - How to turn the “battle of the experts” into a rewarding settlement strategy

While lawyers are very familiar with employing warring expert witnesses in trial practice, they may not know how they can employ those same professionals in a concerted, problem-solving manner in mediation. This is actually a viable and tested option. There are a number of ways to do this.

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Rule Change Permits Mediation for Protection Order Cases

A recent change to statewide judicial rules established a course for mediation regarding some civil stalking protection orders (CSPO). Prior to the enactment of Rules 16.30-16.32 in the Rules of Superintendence for the Courts of Ohio, mediation of protection orders was prohibited.

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8/03

Bracketology: Using Conditional Offers To Settle Your Case at Mediation

Lawyers tend to have strong opinions on brackets, pro and con. Some embrace the concept as a tool for communication, while others regard them as a distraction from “real numbers.” But most everyone agrees, if you want to settle the case and nothing else is working, bracketology is worth a shot.

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Cook County pushes mediation to avoid evictions

Program is designed to aid both landlords and tenants.

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T agrees for CJI’s mediation plan on Krishna water dispute

Hyderabad: The Telangana government is ready for mediation on resolving the dispute over apportioning Krishna water with Andhra Pradesh (AP).

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Sexual harassment suit against college heads to mediation

A sexual harassment lawsuit filed in federal court against Allegheny College by one of its students is headed to mediation.

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Mediation could help after eviction ban lifted

MILWAUKEE - Evictions are moving forward in southeast Wisconsin after the CDC's ban expired Sunday. But resources like rent assistance and mediation could help cut down on how many people end up on the streets. When tenants and landlords want to avoid court – they turn to Mediate Milwaukee.

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Mt. Bethel UMC, North Georgia Conference enter mediation

Mt. Bethel UMC and the North Georgia Conference of The United Methodist Church have jointly agreed to use their best efforts to resolve an ongoing dispute through a mediation process and will refrain from public comment on this matter until the mediation process has concluded. Mt. Bethel Christian Academy will also be included in the mediation process.

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July 2021
7/27

Saratoga Springs Seeks Mediation With BLM Protesters After Explosive Meeting

“I think we need some mediation. I would like to discuss this with the rest of the council and see how they feel, you know. But it seems like we need some professional mediation and that we can sit down and work through a professional mediator and figure out how we can progress forward.”

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Mediation Specialist Shares Tips as Hawai?i's Eviction Moratorium Ends Soon

The statewide eviction moratorium that has been in place since April 2020 will come to an end on Aug. 6. That could force many people financially impacted by the pandemic to find new housing when median home prices are hovering around a million dollars, and rental inventory is shrinking.

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As Portland and Its Police Union Enter Mediation, Over 40 Topics Remain Unresolved

An “unresolved issues” list filed that day with the state, obtained by WW, lists over 40 topics that remain unresolved between the two parties, including policy relating to body cameras, the city’s proposed discipline guide for officers, and Independent Police Review, which Portlanders voted to dissolve and replace with a new citizen-led board.

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Supreme Court asks Kirloskar brothers to consider mediation

New Delhi: The Supreme Court on Tuesday maintained status quo on the family dispute related to assets of the Kirloskar group and asked the members of the 130-year-old corporate entity to try and settle the dispute through mediation rather than pursue litigation.

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7/19

Towards India’s new mediation age

Mediation needs an omnibus law that provides legitimacy to mediated settlement agreements

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The mediation brief: A primer

Family mediation is in the spotlight again and that is a very good thing. Any dialogue about this important modality for resolving family law disputes is welcome — and since I firmly believe that heterogeneity of ideas enriches dialogue, I read with interest the friendly debate taking place on the pages of this very publication.

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Trial Court Order Enforces Condominium Declaration’s Pre-Suit Mediation and Arbitration Provisions

The Order recognizes that courts will not hesitate to enforce written mandatory pre-suit requirements—even when such requirements may be located in a recorded condominium declaration.

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Irvington Boat Club, TZC Headed to Mediation Over Runaway Barge

More than two years after a runaway barge from the Mario M. Cuomo Bridge construction site smashed into the Irvington Boat Club’s pier, the club and bridge builder are headed to mediation over the cost of the damage.

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Idaho Falls man accused of child rape sentenced to rider after mediation

An Idaho Falls man who was originally charged with lewd conduct with a minor was sentenced to a rider program Monday. The charge against Adrian Kovalsky, 36, was reduced to battery with intent to commit a serious felony as part of the plea agreement.

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Mediation continues in Michigan's attempt to shut down Line 5 pipeline
Michigan officials and Enbridge brass are scheduled to sit down again in August with a court-appointed mediator to try to settle their long-simmering dispute over the Calgary energy giant’s Line 5 oil pipeline.

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State Seeks To Skirt Mediation In Challenge To Florida Protest Law

Lawyers for the state are seeking to sidestep mediation ordered by a federal judge, in a legal challenge to a controversial law championed by Gov. Ron DeSantis aimed at cracking down on violent protests.

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7/13

The future of international mediation for lawyers

The pandemic has seen a significant increase in the number of international mediations that have taken place online. As more countries sign-up to the Singapore Convention, this trend is likely to increase.

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Free mediation for wedding couples and vendors affected by Covid-19 restrictions

SINGAPORE - The Ministry of Law (MinLaw) is rolling out mediation help to parties in wedding events affected by Covid-19 restrictions.

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Treehouse owners open door, HB agrees to mediate

Two of the three parties in Holmes Beach’s long-running treehouse legal battle are ready to come to the table.

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Mediators raise concerns about online eviction mediation program

Court officials say this will give tenants another opportunity to work out a deal to avoid an eviction proceeding, but mediators and mediators are concerned virtual communication is not effective and can further inflame tensions.

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Dallas violence interrupters offers training workshop on dispute mediation and safety

Violence interrupters in Dallas are using their experience to stop the prison cycle and warn young people about where the path they are on might lead.

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A map to mediation and conflict resolution for EMS

Mediation and conflict resolution skills are imperative to those in EMS leadership and those still in the field. Discord between crew members can often affect day-to-day productivity, an employee's sense of wellbeing and even patient care.

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Women must be included in conflict mediation in Somalia

The recent political tensions have worsened insecurity for Somali women. Going forward, they must be included in the political process.

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7/06

Should We Start with a Settlement Agreement?

Sending a proposed Memorandum of Understanding with a party’s opening offer can help identify problems at the outset of the case.

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Can Missouri get out rental assistance fast enough to prevent evictions?
“The assistance is closer to where we need it to be,” said Sarah Owsley, director of policy and advocacy for Empower Missouri. “But it’s not going to stave off the wave of evictions that’s coming. We need more mediation with landlords.” read more

 

Future cities series: mediation as a standard element of infrastructure disputes

This article is part of our Future Cities Series where our experts explore the pressures facing our cities in the post-Covid era and map out the key issues and industry themes in re-thinking urban life.

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New law requires landlords to use mediation before evicting tenants

Mediation centers on the Big Island are preparing for an influx of cases when the state’s eviction moratorium ends in August. On Wednesday, Gov. David Ige ratified a new law aimed at preventing a tsunami of eviction cases when the current prohibition on evicting tenants for failing to pay their rent ends on Aug. 6 after more than a year.

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Riskin’s Grid: Do You Need a Facilitator or an Evaluator?

Leonard Riskin is a renowned law professor and ADR scholar who taught at the University of Missouri during the ‘90s. During this time, Professor Riskin set out to observe mediations and write about the work of people who call themselves “mediators.” The result is what has been called “Riskin’s Grid” or “Riskin’s Grid of Mediation Techniques.”

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June 2021
6/29

USA Gymnastics remains in bankruptcy, mediation with survivors

USA Gymnastics remains immersed in a mediation process with sexual abuse survivors and is still in bankruptcy even as the organization’s biggest event in five years is being held in St. Louis.

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Report summarizes mediation process involving Cambridge Indian mascot decision

The conflict over the Cambridge Central School mascot “has played out on a personal level,” affecting not only the school but also dividing families, friends and workplaces, said Duke Fisher, leader of the team that held community conversations about the Indian controversy.

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Employees continue mediation with The Biltmore

Four Seasons Resort The Biltmore Santa Barbara is closed without a reopening date in sight. Four Seasons Resort The Biltmore Santa Barbara is scheduled to have a mediation session with furloughed employees July 10. The Montecito resort has not set a projected reopening date. A couple hundred employees are threatening a lawsuit against the Ty Warner-owned hotel for not paying them severance. They have been without work since the resort’s closure March 20, 2020.

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Treehouse owners call for court-ordered mediation

The owners of the treehouse in Holmes Beach — long the subject of controversy and lawsuits — are proposing terms to bring the matter to a close. Richard Hazen and Lynn Tran-Hazen submitted a letter June 16 to 12th Circuit Judge Charles Sniffen asking him “to consider issuing an order to mediate this case to conclusion immediately, upon terms both just and fair to all parties.”

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6/22

Peter Dutton to enter court-ordered mediation with Shane Bazzi in tweet defamation case

Judge says defense minister and refugee activist he is suing should be able to ‘reach a compromise’ if they act ‘sensibly’

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Bill to establish an eviction mediation program in Maine moves ahead

A bill that would protect tenants from being evicted without first having the opportunity to go through mediation appeared Tuesday night to be headed for passage by the state House and Senate this week.

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Mediation scheduled in attempt to resolve case of arrested Loveland woman with dementia

The federal lawsuit against the city of Loveland and several police officers for the treatment of Karen Garner during her arrest in June 2020 will go to mediation in July, according to court filings.

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Hawaii: New law requires landlords to use mediation before evicting tenants

Mediation centers on the Big Island are preparing for an influx of cases when the state’s eviction moratorium ends in August.

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