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Mediation News
June 2019

EU proposes emergency WTO dispute settlement measures

The European Union is working on alternative dispute resolution measures to get around an impending blockage in the World Trade Organization's Appellate Body.  For several years, the US has blocked new nominations to the WTO's dispute settlement panel, due to dissatisfaction about the way it operates. If nothing changes by the end of the year, the Appellate Body will have too few members to function. read


Canada: Complexity, Newton and New Directions in Mediation Research

Let’s talk some more about mediation research.  To recap, in his February 2019 post to this Blog, Michael Leathes argued for the need for more field-based research into mediation. read


Time for an update: How to revisit the EU’s framework for international mediation engagements

In 2009 the EU adopted the Concept on Strengthening EU Mediation and Dialogue Capacities, its first-ever strategic document focusing specifically on mediation. Ten years later, the EU’s concept and practices of mediation need an update, write Julian Bergmann, Toni Haastrup, Arne Niemann and Richard Whitman. read


Using Charitable Donations to Resolve Disputes in Mediation

I’ve occasionally read about disputes that were resolved in whole or in part through a charitable donation. I recently had an opportunity to use this technique to mediate a dispute between a landlord and a tenant over the condition of the premises vacated by the tenant at the conclusion of the lease. read


Dealing with deadlock in mediation

When faced with deadlock in mediation process, a mediator needs to bring pro-active leadership, energy, patience and imagination in helping the parties make progress. read


How Your Business can Benefit from Mediation

Business mediation is not just about saving your business money. Keep reading for how your business can benefit from mediation. read


From the Talmud: How Can a Mediator Turn Emotional Outbursts Into Opportunities for Resolution?

One of a mediator’s most challenging tasks is managing emotional, high conflict parties. How do you calm them down? Enforce limits on their conduct? Is there value to letting them vent? read


Are Negotiations Between Parties During the Mediation Process Without the Mediator’s Participation Protected by the Mediation Privilege?

After a mediation session ends, the parties may continue to negotiate independently by meeting and communicating between themselves outside the mediator’s presence. When and to what extent are those independent negotiations (conducted without the participation of the mediator) protected by the mediation privilege? read


Feuding over race issue, Lee’s Summit superintendent and board head to mediation

Three weeks after the Lee’s Summit school superintendent threatened to leave his post, he and the school board have agreed to meet in mediation over his contract and his future with the district. They will also try to work out differences that erupted at recent meetings over hiring a firm to lead racial equity training for teachers and staff. read


Why Didn’t Amazon and New York City Mediate? - A Pitch for Transactional Mediation

Mediation is not just useful in settling lawsuits; it can also be deployed in the deal making context to help contracting parties overcome non-economic barriers that often threaten to derail otherwise economically sound agreements. read


Mediated Settlements: The Way Ahead for India

Dispute resolution in India has been the matter of much consternation. One is wary of approaching the courts, due to its lengthy and time-consuming process as well as the infamous delays. read


Mediation better way to respond to sex assault allegations: lawyer

Big rise in the use of workplace restoration. Mediation and other less adversarial methods continue to be the best ways to respond to allegations of sexual misconduct, including sexual harassment and sexual abuse, say lawy read


Can Ghana’s president really be a football mediator?

Many African politicians have found it hard to resist meddling in their countries’ football. read


The Merits of Med-Arb

If Mediation Fails to Resolve a Dispute, Should Parties Let the Mediator Arbitrate? read


Principles of Cognitive Dissonance at Play in Mediation

Psychologists tell us that humans prize harmony between their actions and beliefs. Accordingly, when we act contrary to a strong belief, alarm bells go off in the brain, and we feel mental discomfort, or “dissonance.” To eliminate this tension, we can either abandon the belief or change the behavior. read


Mediation Principles in the Talmud

Four Lessons From the Disputes of the Academies of Hillel and Shammai. read


Governor signs Padden bill to require mediation between elected officials before lawsuits begin

OLYMPIA Sen. Mike Padden’s legislation to avoid costly litigation between elected officials was signed into law. read


Mediation goes mainstream

The mediators of Independent Mediators discuss the changes they have witnessed in mediation in their time in practise in the field and future trends read


Mediation ordered in murder case

SANDPOINT — Attorneys in the first-degree murder case pending against Stephen Mathew Lott have agreed to enter into mediation. The mediation, which will be presided over by Senior District Judge Steve Verby, could lead to resolution of the case without a trial. read


MA Bill would require mediation before foreclosure

Foreclosures would have to go through mediation and a judicial process under a bill proposed by Sen. Nick Collins. read


Why Japanese mediation of US-Iran tensions makes sense

Reports indicate that Prime Minister Shinzo Abe is heading to Southwest Asia next week to mediate tensions between the United States and Iran. read


Dartmouth, women want mediation in sexual misconduct lawsuit

Dartmouth College and nine women who accuse the school of ignoring years of sexual misconduct by three professors have agreed to try to settle a lawsuit out of court. read

May 2019

From violence to dialogue: as land conflicts intensify, UN boosts efforts to resolve disputes through mediation

“In areas that have seen conflict, particularly where you have a broken state, or weak institutions, our approach has been to really think about ways to build trust, confidence and reconciliation among communities. We set up a mediation system. read


Ayodhya: Legal Experts Indicate Possible Solution if Mediation Fails

The larger question is on the utility of mediation on the dispute, what if, after exhausting several months in engaging all stakeholders concerned, it does not yield any result.   read


Mediation Explained

European Union, Ireland, United Kingdom read


Does a Prior Relationship With a Party Impair a Mediator’s Neutrality?

California Says Not Necessarily. To what extent does a mediator have an obligation to disclosue prior contacts and relations? read


Dos and Don’ts of Mediation in Family Law Cases

More and more jurisdictions are requiring parties to attend mediation at least once, and sometimes twice, before walking into court for trial. read


Lawyer Who Handled Sept. 11 Victims Fund To Mediate Talks Between Bayer, Plaintiffs

Kenneth Feinberg has been called on to tackle the emotionally grueling job of figuring out the monetary value of victims' lives following a slew of tragedies. And now, a federal judge in California has appointed the prominent attorney to do it again. read


New York Courts to Begin Presumptive Mediation for Civil Cases Later This Year

The purpose of the initiative, which will be a significant change to the state’s court system, is partly to provide an avenue for litigants to resolve legal matters more efficiently and at a lower cost, Chief Judge Janet DiFiore said. read


Brexit Paves Way for Timeshare Disputes Mediation

Brexit should be seen as an opportunity and not a hindrance for those in the UK fighting disputes over unwanted timeshares says a Spanish legal expert. read


Mediation in Norway aims to resolve Venezuela crisis

The Norwegian Centre for Conflict Resolution has worked behind the scenes since last year to bring the two sides in Venezuela together. read


South Lake Tahoe moving toward mediation in attempt to resolve Measure T lawsuit

The city is heading toward mediation with the backers of a lawsuit seeking to strike down Measure T. The hope, according to city officials and an attorney involved in the lawsuit, is to reach a compromise on the vacation home rental issue rather than fight a legal battle in court. read


Business mediation can avoid the grind of litigation

As compared to litigation and arbitration, mediation is less expensive and far quicker. Further, mediation can lead to a resolution broader than the issues raised in a particular lawsuit and may even lead to an ongoing business relationship among the parties. read


Canada - Response time, dispute resolution should be addressed as part of CRA consultation: lawyers

“We’re seeing a lot of movement in the provincial courts around family law mediation and mental health where you’re de-escalating the amount of court time and bringing in forms of alternative dispute resolution. I think the CRA could maybe expand that, because not everything needs to be going to court.” read


Chicago street gang members give ‘peace circles’ a chance to prevent shootings

Hardiman says he’s used peace circles this year to mediate 24 potentially deadly conflicts among gang members on the South Side and the West Side. read


UK (Scotland) - Formality and informality: mediating in the shadow of the courts

When mediating in a court building, how far can and should we go in humanising the conversation? read


Sriram Panchu, Justice Kalifulla, Sri Sri Ravishankar: The Mediators of Ayodhya dispute

The Supreme Court appointed mediation panel, tasked with exploring the possibility of an amicable settlement in the politically sensitive Ayodhya's Ram Janmabhoomi-Babri Masjid land dispute case, will submit its report before the top court on Friday. read


LIDW19 ends on a high

As London International Disputes Week draws to a close, a commercial courts report highlights London's record year, while organizers are optimistic the inaugural LIDW will be back next year. read


Is Contractually Required Mediation of Complex Business Disputes a Waste of Time?

Requiring business parties on the brink of litigation to hit a controlled mediation pause button with the help of a business-oriented mediator and the right process and participants almost always makes sense. read


Class action timber lawsuit goes to mediation in June

A $1.4 billion breach of contract lawsuit brought against the Oregon Department of Forestry by Linn County and 100 other taxing districts is heading to a mediation session in June. read


Mediation Possible in Minneapolis Police Shooting

The city of Minneapolis will work with a court-appointed mediator to try to resolve the lawsuit over the death of a Black man who was shot by police in 2015, city leaders said Wednesday after a federal judge demanded answers about settlement negotiations. read


Technology and dispute resolution

From the disclosure pilot to paperless trials, courts in England and Wales are leading the way internationally with their use of technology, as the audience heard during a London international Disputes Week session held at CMS. read


Rwanda: Over 15,000 Mediators Receive Bicycles

Nsengimana is one of 17,941 mediators who are buoyant after receiving bicycles from the Ministry of Justice. read


Court Of Queens Bench Of Alberta Lifts Suspension Of The ADR/JDR Rules

On March 12, 2019, the Court of Queen's Bench of Alberta announced that it will lift the suspension of the ADR/JDR Rules on a one-year pilot project basis. Effective September 1, 2019, the ADR/JDR Rules will be in effect for all civil actions scheduled after that date. read


USA Gymnastics Says Mediator Would Help Negotiations With Sex-Abuse Victims

Sports governing body wants bankruptcy judge to mediate settlement talks with athletes who sued organization over sexual-abuse claims. read


Mediation Experts Tout Successes of Below-Radar Parley

Months before receiving the most famous appointment of his career, Special Counsel Robert Mueller had a dramatically different assignment as the court-appointed mediator tapped to resolve litigation over Volkswagen’s emissions scandal. read


Pre-Institution Mediation Under the Indian Commercial Courts Act: A Strategic Advantage

In disputes where a patentee is not seeking a preliminary injunction and wants to use litigation as a tool to negotiate terms for granting limited rights to their IP, pre-initiation mediation is a viable option. read


Ongoing mediation prompts questions about future of Memphis in May

After a successful Beale Street Music Festival, questions still remain about the future of Memphis in May. Right now, Memphis in May is in mediation with the Memphis River Parks Partnership. read


GE Anesthesia Machine Servicing Case Headed for Mediation

A lawsuit accusing General Electric Co. of monopolizing the market for servicing of its anesthesia machines will pause as the two sides undergo court-ordered mediation. read


The Game Of Thrones Scene You Won't See (But Should): Mediation

The following deleted scene from Game of Thrones was recently leaked to the internet, off of the cutting-room floor, and illustrates how collaborative mediation can play out. read