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Mediation Today
April 2017
4/26

How To Make A Hard Divorce Easier On Your Kids

These are my tips, some serious, some playful, some in-between. read

 

Puerto Rico mediation devolves into war of words, deal still elusive

A war of words rather than talk of reconciliation is the latest indication that Puerto Rico and its creditors are getting nowhere fast in their negotiations to restructuring the island's $70 billion in debt before mediation is due to end. read

 

SunEdison Yieldco Deal Allocation Spat Heads To Mediation

SunEdison Inc.’s contentious bankruptcy appeared to have hit a tipping point as the New York bankruptcy judge overseeing the case ordered all parties involved to enter mediation talks. read

 

Mediation begins in Hanford tank vapor lawsuit

Parties in a federal lawsuit asking for better protection of Hanford workers from chemical vapors met with a mediator in Seattle. read

 

How to ensure information disclosed in a mediation remains confidential

Not all documents or evidence produced for the purposes of a mediation will automatically be protected by the without prejudice nature of the mediation process.

 

Pa. lawmakers to mull community mediation

Pennsylvania lawmakers will discuss a proposed change Tuesday, to how the state handles disputes within private communities.  read

 
4/18

Penn Law's Mediation Clinic: Tackling international child abduction disputes

Last semester, two Law School students took a month to prepare for a high-stakes mediation: an international child abduction dispute in Omaha, Nebraska. read

 

South Dakota Department of Ag Seeing More Farm Loan Mediation Requests

Officials with the South Dakota Department of Agriculture are seeing a significant increase in those requesting farm loan mediation. It’s directly tied to low commodity prices and the state of the farm economy. read

 

Bay Area cities choosing mediation over rent control

As the divisive debate over rent control spread across the Bay Area last year, city leaders settled on mediation as a compromise between tenants seeking relief from soaring housing costs and landlords averse to capping rent increases. read

 

Debunking Arbitration, Mediation Myths in Health Care Litigation

I would like to debunk some mediation "myths" by highlighting my experiences as a trial attorney for the defense in both mediation and arbitration. read

 

Senate approves Colorado public records mediation

A bill encouraging citizens and state agencies to resolve public records disputes outside court is headed to the Colorado governor's desk. The Senate passed the bill Monday 35-0. It offers mediation as an option when a citizen wants to challenge a government agency's denial of his or her request for public records. read

 

UK opticians call for mediation service

The UK Federation of (Ophthalmic and Dispensing) Opticians (FODO) is calling for a mediation service to handle disputes over refractive surgery. read

 
4/12

Peer mediation is go-to conflict resolution at Brockton High

Brockton High School peer mediators said they think the program works because they can relate to student conflicts. read

 

Vail Law column: The flow of mediation

Like many things, mediation often has a certain predictable drift and cadence to it. A mediation is like a river. And, if you know where and when to expect the eddies, vortices, and ripples, then you know when to hold on to the gunwales and when to dig in for a stroke. read

 

Peace Diplomacy: Finding Entry Points for Female Mediators

The Swedish Foreign Minister Margot Wallström has invested in a network of female mediators to strengthen women’s roles in peace and reconstruction processes. However, it is not just the supply of female mediators that is the problem, but the demand as well. read

 
4/04

Anti-DV advocate appointed Qld mediator

A well-known domestic violence prevention campaigner will lead the reconciliation process between the Queensland government and women inappropriately placed in a state asylum as children. read

 

Judge orders mediation after family told to demolish Farmington Hills mansion

Family told to pay for demolition of $900,000 home. read

 

Oman's Unique Approach to Mediation: A Solution for Sunni-Shia Conflicts?

Oman’s Ibadi-based method of mediation has long been applied to internal disputes between tribes, to domestic grievances, and even to external diplomacy. read

 

Agricultural mediation program celebrates 30 years of helping farmers

Mediation services can include counseling and financial analysis to help parties work together. read

 

The benefits of mediation

We want resolutions to be fast, cost-effective and lasting. How do you achieve those results without launching litigation and starting a legal war? The answer: mediation. It helps the sides come together, not dig in their heels. read

 

Twins, divided: The fate of mentally disabled husband heading to mediation

This three-day series tracks the lives of Ryan and Ronald Moore, identical twins separated soon after birth. read

 
March 2017
3/21

Is Mediation Right for Your Dispute?

In determining whether mediation would be a beneficial avenue to pursue, parties should consider the following . . . read

 

Senators Must Ask Gorsuch If He Will Force Americans into Arbitration

As part of his confirmation as a Supreme Court justice beginning on March 20, the Senate must ask Judge Gorsuch about his views on arbitration to determine whether he will put big business ahead of Americans’ constitutional right to a trial by jury. read

 

Using your client’s authenticity in mediation

If mediation always involves immediately retreating to separate rooms and remaining there until the mediation succeeds or fails, then you may never have the chance to use one of the keys to your case — your client’s authenticity. read

 
3/16

SCOTUSblog: Judge Gorsuch’s arbitration jurisprudence

Arbitration, which involves agreements between parties to settle disputes in a private forum rather than in court, might seem like a fairly dry area of the law. But recent Supreme Court rulings interpreting the scope of the Federal Arbitration Act have had significant implications in consumer protection, labor, and class action contexts. read

 

Former DOJ mediator describes 'active' neutrality, at HLS symposium

“I went to law school with the idea of becoming a civil rights litigator, not a civil rights mediator,” Lum said. His perspective — and career path — changed when he took a negotiation course with Professor Roger Fisher. read

 

Giving 'The Mediator's Number'

I rarely give a "Mediator's Number," and I never give one unless the circumstances are just right. What are those circumstances? read

 

Mediation date set in Stewart-Ward wrongful death case

Stewart has been sued by the Ward family for allegedly causing the death of then 20-year-old Kevin Ward Jr. during a sprint car race. read

 
3/14

Unfortunate confusion of mediator and arbitrator roles

The headline reads: "Mediator: Hamilton man doctored videos trying to swindle son's widow, children." The best read is the first comment that very capably distinguishes between the roles of a mediator and arbitrator. read

 

Mediation Statements in Federal Courts May or May Not be Privileged and Can Be Waived

The Bankruptcy Court for the Western District of Missouri declined to recognize a mediation privilege in "In re Lake Lotawana Community Improvement District" despite the fact that it conceded that other circuits have done so. read

 

IMDA launches mediation subsidy for media freelancers

SINGAPORE — In support of efforts to embrace a gig economy in Singapore and to provide stronger workplace protection for freelancers, the Infocomm Media Development Authority (IMDA) has launched a mediation subsidy for those caught in disputes relating to work done by media freelancers. read

 
3/07

Mediator: HB 1277 would punish divorcing couples

Dunlap’s idea is that if the Legislature makes divorce more difficult, fewer people will seek a divorce. The problem with that logic is that divorce is already plenty difficult for the individuals involved, even under the best of circumstances. read

 

Concord: Will mediation keep rent increases in check?

CONCORD, CA — If the City Council adopts a proposed rent mediation program, tenants could challenge large rent increases.

 

Dueling Houston law schools strike deal in naming dispute through mediation

Two crosstown Houston law schools reached a settlement Thursday in a trademark spat over the name and branding at the older institution. After hitting an impasse in settlement talks earlier this year, the University of Houston and South Texas College of Law Houston hammered out a draft agreement after two days of mediation. read

 

Mediate is most visited and linked mediation website

Alexa.com reports that Mediate.com continues to be the dominant website for mediators getting business online. read

 

Mass Confusion! "Join a mass mediation (with over a thousand people) on top of this skyscraper" - Oy!

Sometimes confusing mediation and meditation is a small thing. Other times it is a bigger thing. read

 
3/02

ON MEDIATION: Using your client’s authenticity in mediation

If mediation always involves immediately retreating to separate rooms and remaining there until the mediation succeeds or fails, then you may never have the chance to use one of the keys to your case — your client’s authenticity. read

 

Why I Like Being a Mediator

I became attracted to the idea of serving as a mediator while participating in mediations as an advocate, and I began mediating as a service to the court at the invitation of a judge. Mediating, for all of its differences, is also very fulfilling. read

 

Blackjack appeal now headed to mediation

An appeal to a federal judge’s ruling allowing the Seminole Tribe to keep offering blackjack at its Florida casinos now has been scheduled for an April 11 mediation. read

 

How to Prepare Your Client for Mediation

As with most other things in life, a lawyer’s success in mediation will usually be dependent on his or her preparation. This also means more than simply preparing a presentation for the mediator; it also means preparing your client for what to expect at the mediation. read

 
February 2017
2/28

Bankruptcy Court's Mortgage Mediation Program a Success

A bankruptcy court in New York has come up with a way to get bankrupt homeowners and mortgage lenders together voluntarily to modify loans to the benefit of each. read

 

Mediation With Bite – giving your dispute resolution process some teeth

If we assume that your asking an employee and his manager to try to mediate a falling-out between them is a reasonable management request, what rights do you have as employer if one of them refuses? read

 
2/24

How to Choose an Elder Mediator

Adult siblings often find themselves at odds when a parent needs long-term care or nears the end of life. Here are tips on finding a mediator to help your family navigate thorny caregiving issues. read

 

Mediation for $27 million lawsuit against City of Ukiah set for May

A long-awaited mediation session has been scheduled between the City of Ukiah and the Ukiah Valley Sanitation District. While the mediation itself would be confidential, any potential settlement would “have to be vetted publicly, and discussed publicly, before it would approved by either the city council or the board of the district.” read

 

Oxnard church allegations headed for mediator

Allegations of misuse of funds and other issues spurring a battle for control at Ventura County's oldest African-American church will be sifted through by a mediator, according to a vote of members at St. Paul Baptist Church. read

 
2/21

Lawsuit against City of Guelph resolved through mediation

A wrongful dismissal lawsuit against the City of Guelph by a former chief building inspector has been resolved through mediation. Bruce Poole had been seeking $1 million after he felt he was wrongfully fired in 2015. It is not known how much the settlement was. read

 

Missouri cops struggle with mental health crisis mediation

Her adopted son threatening suicide, a desperate Charlene McCarroll summoned law enforcement the night of April 17, 2015. St. Louis County police pulled up within minutes. Three-and-a-half hours later, Thaddeus McCarroll was dead. read

 

CPC seeks mediation in parking dispute

As the Charlottesville City Council prepares to discuss incentives to spur the completion of a long-dormant luxury hotel project on the Downtown Mall, the two largest garages downtown were closed recently because of an excess of activity and traffic. read

 

Southern Xposure enters mediation with two former dancers

After a local West Virginia chain of strip clubs asked to have a recently filed lawsuit by two dancers dismissed or stayed, the parties agreed to mediation. read

 

Media oppose mediation proposal for public records

A Colorado bill that would allow those who request public records and the records custodian to mediate a solution is opposed by several agencies who serve as watchdogs for the public interest. read

 
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