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Mediation Today
June 2016

Arbitration and Mediation: Trending Worldwide for All the Right Reasons

The rising trend of alternative dispute resolution was a focus of the New Jersey State Bar Association Annual Meeting and Convention in Atlantic City, NJ. read


Insured v. insurer mediation: Practical considerations

When considering mediating a case between an insurer and its insured, here are some practical considerations to keep in mind. read


Mr Versus Mrs – Confessions of a divorce mediator

Nine couples featured in a new BBC 2 documentary series Mr v Mrs: Call The Mediator, which takes a fly-on-the-wall approach to the growing practice of family mediation as the UK now carries out more than 17,000 mediations a year, according to government statistics. The success rate is high: nearly 90 per cent achieve a satisfactory deal. read


Cofounder Conflict? Try Mediation Before Litigation

The possibility of a mild disagreement escalating into a serious dispute is particularly dangerous in the atmosphere of a startup, where there is often a high level of uncertainty and financial stress. Here's why mediation is often the best option for startup founders in conflict with each other. read


Mediation an option to resolve eldercare problems

With the assistance of a mediator, preferably a certified mediator with either eldercare or healthcare experience, people are able to create unique solutions to problems. These unique solutions are not solutions typically implemented by judges. With mediation, solutions can be achieved without waiting weeks, months or years, and mediator fees are usually less than attorney fees. read


City mediation program starts

A new, beefed-up mediation program meant to help alleviate the Mountain View's rental crisis will take full effect starting this month. The new initiative, dubbed the Rental Housing Dispute Resolution Program, is designed to help settle dispute between landlords and tenants, particularly those involving high rent increases and evictions. read


South Bay mediation clinic takes tiffs out of the courts to save time, money

Over the last 20 years, mediation has become an increasingly important aspect of the legal system. State budget cuts have lengthened the wait for trial dates. And skyrocketing legal fees have changed the calculus of dragging people into court. read


Mediation Confidentiality

The assurance of confidentiality in mediation is essential to the success and integrity of the process. Knowing that everything said or done in mediation will remain confidential allows parties to confide with the mediator more freely. It opens the door to frank and honest discussion. read


Mediation: the art of crossing two bridges at the same time

Mediation is a facilitated negotiation in which a mutually acceptable third party attempts to facilitate the settlement of a dispute. It is a non-adversarial process, aimed at achieving consensus and a mediator does not adjudicate on the merits of a dispute. Rather, the mediator attempts to bring disputing parties to a point where they are able to settle their differences amicably. read


How Gig Economy Is Using Private Arbitration to Win on Labor Classification

Sharing economy workers’ best shot at suing to rewrite the rules of their employment may soon pass them by. As judges last Thursday considered settlements that will leave Uber Technologies Inc. and Lyft Inc. drivers as independent contractors, two of the biggest names in the on-demand economy are likely to avoid policy changes that would force them to rethink their business models. read


Yale Finds Itself on Both Sides of Employee’s Fight for a Home

A photograph of Frank Douglass’s Victorian house -- painted sage green with white trim -- is displayed on a website about Yale University’s employee homebuyer program. Now Douglass, a 63-year-old custodian, has fallen behind on his mortgage payments after two job-related injuries and is facing foreclosure by a servicing company in which Yale’s endowment is an indirect investor. read


Who gets the pet? Couples work out joint custody

When Tricia Lerdon and her husband separated, they had to figure out how to share their beloved dachshund, Jetson. "One of us giving up the dog?" she said. "That wasn't even a conversation." So while living apart, they co-owned Jetson for several years until he died earlier this year. He traveled between their homes on the same schedule that their daughter did, so she would always have her pet's company. read


4 Different Types of Divorce

Divorces can be messy and complicated. But an amicable divorce need not be impossible to accomplish. Here are a few types of divorce proceedings that possibly could make it easier on all involved. read


IT Law - A Challenge of Dispute Resolution

While the classic international law deals with classic state territories, state jurisdictions, with a clear distinction between national laws, the IT law is uncertain about the state jurisdiction, earthbound borders, rules and proceedings regarding any dispute arising on internet. read


Lake County courthouse brings dog on staff

The seven judges of the Lake County Common Pleas Court announced their newest employee is a courthouse facility dog, named Atticus. Lake County Domestic Relations Court will have the only in-house mediation program in the country using a facility dog to assist in court-ordered mediation sessions.His primary purpose is to ease stress for folks during legal proceedings. read


John Sturrock: Medical treatment dispute resolution can only be aided by mediation

It is encouraging that the civil justice system is now moving forward quickly to accommodate the needs of users in the 21st century. In mediation, there is another significant option for the courts and businesses in Scotland. read


State appeals ruling for deaf litigant denied mediation interpreter

Indiana Attorney General Greg Zoeller’s office has appealed a federal court ruling that found a Marion County court discriminated against a deaf man in violation of the Americans with Disabilities Act when it rejected his request for an American Sign Language interpreter at a court-ordered mediation session during his child custody case. read

May 2016

El Salvador gang truce mediator released from detention

El Salvador released on Monday Raul Mijango, the mediator of a controversial gang truce who was arrested in early May, but the legal proceedings against him will continue, authorities said. read


Mediation as a way to resolve disputes in the shipping industry

The advantages of mediation as a means to resolving disputes in the shipping industry are its speed, cost and flexibility. Its outcome is aimed at obtaining a value-added, future orientated, commercial solution for all parties involved. read


Lake, towns plan E-911 mediation

Long-awaited mediation is scheduled between Lake County and the towns of Schererville and Cedar Lake in an effort to reach an agreement regarding E-911 consolidation. read


Diocese of Duluth, Abuse Victims to Enter Mediation in July

A bankruptcy judge ordered the Roman Catholic Diocese of Duluth, Minn., and lawyers for more than 100 clergy sexual abuse victims to a three-day mediation session in July. read


Ask the Lawyer: Do we have to agree to mediation?

You are referring to private mediation, which is voluntary. No one is required to go. read


UK doctor urges compulsory mediation in patient care rows

The NHS could save millions of pounds if families and doctors were offered mediation when they disagreed on a treatment, a leading consultant said. read


Mediation a fit for former judges

There are exceptional mediators who come from a variety of backgrounds in the legal industry. But there’s a certain something that former judges bring to the table when it comes to facilitating the process of mediation and coming to a resolution. read


Judge: Court discriminated against deaf man by denying mediation interpreter

A deaf Indianapolis man was discriminated against when a court denied providing him an interpreter during a mediation session ordered in his child custody case. A federal judge ruled Friday that Marion Superior Court’s decision to deny the interpreter in a court-funded mediation program violated the Americans with Disabilities Act. read


Mediation used to reach conclusion in case of man who drove at deputy

A man who was shot by a Missoula County sheriff’s deputy on New Year’s Day 2015 after he drove directly at the officer will be sentenced in August. The case is the first time the Missoula County Attorney’s Office has used mediation to reach a plea agreement to resolve a criminal case. read


State Center project goes to mediation

After more than a year of impasse over the MD State Center project, the developer and the state expect to enter formal mediation in an effort to resolve their disputes. It's the latest twist for the $1.5 billion project, which would transform a 28-acre swath of midtown with new homes and stores anchored by offices rented by the state. read


Ten Tips to a Successful Mediation: From the Mediator's Perspective

I have mediated over 2,000 employment cases. I have seen the good, the bad and the ugly. The purpose of this article is to identify those areas that most often prevent a successful mediation and to offer tips to avoid them. read


S'pore society urged to 'embed mediation in DNA'

Singapore's legal profession and other sectors of society here were yesterday urged to "embed mediation in our DNA". Under changes made to Supreme Court practice directions in January, lawyers are now duty-bound to advise clients planning High Court civil lawsuits to first consider mediation or other options before going ahead to settle spats. read


Mediation, not the courts, is key in avoiding the 'war'

WHEN Roisin O'Shea applied for a judicial separation from her husband, it seemed there was only one way to go about it - and that was by plastering on the war paint and marching into court. read


Emir's mediation helps resume Yemen govt's talks with rebels

Kuwait City: Yemen’s warring parties held their first face-to-face meeting in nearly a week yesterday after the government delegation ended a boycott, the UN envoy said. Yemen’s President had agreed to end the boycott after mediation by the Emir H H Sheikh Tamim bin Hamad Al Thani and UN chief Ban Ki-moon. read


MediYAYtion: Why Your Upcoming Divorce Mediation is a Good Thing! (And Instructions on How to Rock It!)

In the context of a divorce, mediation is a good thing. It offers folks a real opportunity to settle their divorce without the acrimony or expense of a trial. Plus, in many counties, it’s mandatory—meaning the parties are required to mediate before going to court. read


How to Prepare for Mediation

Each mediation renews my belief that people are willing to listen, learn and create resolution in the interest of peace, time, and fiscal responsibility. read


Start-Ups Embrace Arbitration to Settle Workplace Disputes

For start-ups — many of which began in Silicon Valley — the clauses can seem to conflict with professed goals of upending business as usual and being open with employees. read


Civil Rights Mediator Training offered

Maui Mediation Services will host Civil Rights Mediator Training on May 19. The training will feature presentations by the Hawaii Civil Rights Commission, the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity and the Mediation Center of the Pacific. read


Irish mediator recognised for contribution to elder mediation

An Irish mediator has been recognised for her contribution to elder mediation at the Elder Mediation World Summit in Linz, Austria. Margaret Bouchier was presented with the The Sherren Award by the Elder Mediation International Network (EMIN), of which she is the ethics committee chair. read


Mediation Perspectives: Early Warning/Early Response: Top-Down or Bottom-Up?

Mediation Perspectives is a periodic blog entry provided by the CSS’ Mediation Support Team and occasional guest authors. Each entry is designed to highlight the utility of mediation approaches in dealing with violent political conflicts. read


Candidate touts mediation skills as 'a way' to solve problems

Based on his life experience, Moreno said, he would take the approach of a mediator to solve problems in county government. read


Mediation of corporate disputes

In an effort to expedite the settlement of intra-corporate disputes and other issues that affect ordinary corporations, the SEC recently drafted a Mediation Policy and has invited the public, in particular the business sector, to give their comments or suggestions to the program. read


Got a dispute - mediate, don't litigate

With court fees on the rise, in some extreme cases by more than 600 per cent, and the cut backs in the administration of justice, most notably with some local courts shutting down, legal cases are more expensive and take longer to resolve. read


Lil Kim now in mediation over foreclosure of Alpine mansion

Despite a spot on Sean Combs' just-announced Bad Boy Family Reunion tour this year, hip hop's Lil Kim is still mired in money woes, with a foreclosure looming on her Alpine mansion. read


Minnesota Senate passes Farmer-Lender Mediation extension

“It’s really important this year with farm income in Minnesota being at a 20 year low. Several thousand farmers use it every year (and) there has been a spike this year. It will be an important tool for farmers to help them keep farming this year.” read


Proposed CFPB rule: A partial end to forced arbitration

Soon, says the CFPB, consumers will not find mandatory arbitration clauses in their contracts with financial companies. Thus, disputes will be handled fairly. read


Blumenthal lauds proposed curb of forced arbitration clauses

A proposal by a federal consumer agency to curb the use of forced arbitration clauses is being praised by U.S. Sen. Richard Blumenthal (D-Conn.). read


Soldiers, police and gang truce mediator arrested in El Salvador

Senior police officials, prison wardens and a mediator who brokered a treaty between two violent Salvadoran gangs are among a group of 18 people arrested for crimes committed as part of the truce arrangement. read


US drone strike in Syria killed mediator trying to rein in al-Qaeda

A US drone strike which officials said killed a core al-Qaeda leader actually killed a leading Egyptian Islamist who was trying to convince the group's affiliate in Syria to set aside its global ambitions and focus on fighting the Assad government. read


Marriage breakdown - Is Family Mediation right for me?

Family Mediation provides an extremely effective way for couples to resolve various issues. It is non-adversarial. Both of you are partners in the decision making. It allows matters to be resolved amicably. read


Recent appellate case raises mediation issues

The recent Indiana Court of Appeals decision Jonas v. State Farm Life Ins. Co., ____N.E. 3d ______, 2016 WL 1248589 (Ind. Ct. App. 2016) highlights several issues concerning mediation and settlement in both state and federal courts. read


VA Therapist's Whistleblower Complaint Resolved Through Mediation

An addiction therapist at a Phoenix VA hospital has settled with the Veterans Affairs Department to resolve a whistleblower retaliation case through mediation, the Office of Special Counsel announced on Friday. read


The New Arbitration Rules Are (Almost) Here

Recent reports indicate that the CFPB will announce a new rule governing arbitration clauses in consumer lending contracts at a field hearing on the subject scheduled in Albuquerque, New Mexico, later this week. read