Mediation News

May 2021

5/11

Courts don't hold monopoly on dispute resolution, lawyers say

With courts at a virtual standstill and an ever-increasing backlog of cases, local lawyers are suggesting this is a good time to embrace alternative approaches to reaching resolutions in conflicts.

Lawsuit over solitary confinement in limbo as state pushes for mediation

Attorneys for prisoners want the lawsuit to go on. A federal judge heard arguments Thursday.

How the Army Mediation Service is advancing on conflict

An in-house mediation service in the British Army has resolved hundreds of issues before they escalated to a formal complaint. Lt Colonel Jonathan Buxton tells Personnel Today how the organisation has transformed its approach to dealing with conflict and is embedding a culture of listening and resolution.

Judge extends mediation deadline in Tennessee Riverkeeper, 3M lawsuit

A federal judge has extended a mediation deadline in an ongoing lawsuit between Tennessee Riverkeeper and 3M. The lawsuit, filed in 2016, alleged 3M and other chemical makers polluted the Tennessee River and should clean it up. This week’s order extends the stay in the case until June 4. It says although the negotiations were proceeding on schedule, the case has various technical and other difficulties that require more time.

Preparing Clients for Productive Mediations

There are three opportunities for a mediator to assist: the “assignment” suggested at the pre-session call with the attorneys, the “warning” given during the preliminary remarks at the session, and the “acknowledgement” when the bargaining begins.

Pensacola will enter mediation over Confederate monument removal lawsuit

Pensacola and several groups that sued the city last year to stop the removal of the Confederate monument will hold mediation to attempt to settle the ongoing lawsuit over the monument's removal.

5/04

Where Do We Go From Here? The Future Of Virtual ADR (Podcast)

In this podcast, these neutrals reflect on the transition to virtual mediation and discuss the benefits of virtual proceedings, offer insights to ADR professionals who are entering the virtual sphere and share their perspectives as to what we can expect from the industry when the pandemic is over.

10 reasons to consider judicial mediation in an employment tribunal

With organisations and claimants often waiting months and years for an outcome at an employment tribunal, judicial mediation could help both parties reach a settlement much sooner than they would if their case progresses to a final hearing. Alan Lewis highlights some of the benefits.

When is mediation the right move? Former U.S. magistrate judge weighs in

Through no fault of your own, you are involved in litigation. Let’s face it: If you could have prevented this, you would have. But, now that you’re here, let’s talk about a potentially more efficient way to bring closure to the issue and get back to work. And you already know what I’m going to say: mediation or arbitration or, as they are both known, Alternative Dispute Resolution.

The Masked Mediator - A Personal Account of an In-Person Mediation

In March of this year, I was very happy to be contacted by NAM to see if I was willing to do an in-person mediation in approximately six weeks. I had just received my first vaccine and would be fully vaccinated by the mediation date. I could not agree to the assignment fast enough.

Washington, AU step up mediation efforts to resolve Nile dispute

US Special Envoy for the Horn of Africa Jeffrey Feltman is beginning an African tour that will take him to Egypt, Eritrea, Ethiopia and Sudan from May 4 to May 13.

Mediation between Carnival and Ruby Princess class action lawyers in August

Carnival executives will have mediation with Vicky Antzoulatos, who is leading the Ruby Princess class action for Shine Lawyers, and her team on August 26.

April 2021

4/27

Inslee appoints Nancy Retsinas to Clark County Superior Court bench

Gov. Jay Inslee has appointed mediation attorney Nancy Retsinas to replace Clark County Superior Court Judge Daniel L. Stahnke. Retsinas founded Retsinas Collaborative Law Center, located in Vancouver, in 2015. She has served largely as a mediator for the last six years, assisting families with navigating ante-nuptial agreements and marriage dissolutions.

Portland to pilot landlord-tenant mediation in effort to avert evictions

The program is expect to provide between 70 and 100 mediations in the pilot phase. Portland’s City Council approved funding Wednesday for a pilot program to divert a small number of tenants and landlords from going to court over eviction filings. The council will pay for a mediator and, in some cases, provide rent assistance.

Line 5 mediation process begins

As the ongoing conflict over the future of Line 5 enters its latest phase, it is likely that the pipeline will need to continue to operate beyond Gov. Gretchen Whitmer’s rapidly approaching May 12 closure deadline. Therefore, the governor’s still legally questionable attempts to mandate the pipeline’s closure should be paused to help ensure recently begun mediation efforts can be successful.

Leadership culture, mindset, conflict management - What are the benefits of business mediation?

What are the major advantages of business mediation? What are the daily practical benefits for companies, entrepreneurs, board members, managing directors and executives?

The New Virtual Mediation Day

Virtual mediations present an opportunity for tremendous flexibility. With virtual mediations, the process is modular and completely customizable. Sessions can be scheduled in one- or two-hour increments, with no concern for commuting or travel. We can make this work and settle cases during this challenging time.

4/20

DU Law Faculty’s 2nd international conference on mediation to start April 22

The conference is being organised by Law Centre II along with Samadhan: The Delhi High Court Mediation & Conciliation Centre and Delhi School of Public Policy and Governance, Institute of Eminence (IoE), the University of Delhi under the action research project of the Department of Justice, Ministry of Law & Justice.

Judge weighs in on TriHealth dispute with doctors

A Hamilton County judge has issued an order in a lawsuit filed by one of Cincinnati's largest hospital systems against a group of doctors attempting to leave to form its own medical group.

International Patent Litigation and Mediation - A neutral’s view from Europe

As many of you may know, mediation is not used as often as it should be to resolve international patent litigation. This has certainly been my experience over a long period as a patent litigator in private practice. But is this also the case within the industry? We have recently been given a rare and most helpful insight.

Lawmakers call for mediation between Lincoln Library and Museum and foundation

Illinois lawmakers are urging representatives from the Abraham Lincoln Presidential Library and Museum and the Abraham Lincoln Presidential Library Foundation to work out their differences through mediation.

U.S. Army Corps of Engineers, City of Augusta go to mediation over Lock and Dam

The court battle continues over the future of the Savannah Bluff Lock and Dam. The City of Augusta and the U.S. Army Corps of Engineers had a mediation meeting Friday as they work to find common ground. Until then, future plans are on halt until a deal is worked out.

Effective Mediation Techniques For Complex Cases - Part 2
Part Two of Effective Mediation Techniques for Complex Cases focuses on the timeline and mechanics of such mediations and includes an analysis of in-person vs. Zoom or other virtual platforms for mediations.

Furloughed Biltmore Employees Head to Mediation Next Week

The difference between a furlough and a termination of employment affects Four Season’s obligation to pay its former employees millions of dollars in severance compensation. Four Seasons has agreed to attempt a resolution of the legal action at mediation which is scheduled for April 30, 2021.

4/13

Tips for a successful mediation from a former judge

Once counsel and client conclude that mediation is an appropriate method of resolving their dispute, there are a number of basic planning and organizational steps that will enhance the possibility the mediation is successful. While many of the fundamentals still hold true, I’d like to offer some additional insights based on what we’ve seen over the years and the last year, in particular.

Should I Skip an Opening/Joint Session in a Construction Mediation?

Mediation is a dispute resolution process that involves people who have feelings, goals, and marching orders. It is not simply an emotionless calculator for determining a monetary settlement.

California ‘Breslin’ Probate Decision Allows Trial Courts to Compel Trust Beneficiary Mediation

The California Breslin v. Breslin decision gives California probate courts newly expanded authority to compel beneficiaries—including charities—to mediate or potentially forfeit their interests in a disputed trust.

Supervisors to attempt mediation over drainage issues
Louisa County supervisors are tiring of receiving calls from local property owners upset over drainage issues in the south end of Wapello, so they agreed during their regular weekly meeting on Tuesday to attempt a mediation of the issue.

Akron court piloting new online mediation program

Akron Municipal Court has been selected to pilot an Online Dispute Resolution (ODR) process. The court was among 17 courts statewide chosen by the Ohio Supreme Court to try out the program.

Mediation can help landlords, tenants

Hawaii’s low- and moderate-income residents have historically faced a number of barriers to accessing justice. The COVID-19 pandemic has highlighted this concern even more as our community prepares to deal with a flood of landlord-tenant disputes over unpaid rent and other expenses, once the statewide moratorium on evictions is lifted.

Co-Mediation Of Insurance Issues In Bankruptcy Cases
With courts currently closed or restricted to virtual hearings in an effort to limit COVID-19 exposures, mediation has taken on special importance in a wide range of cases. In the bankruptcy context, mediators have been working to help parties achieve economically sensible, value maximizing solutions to the kinds of issues that often separate debtors and creditors

4/06

Philadelphia Tries Mediation to Prevent Evictions

The coronavirus pandemic has put pressures on tenants who lose work, and the landlords who lose rent income. This program tries to help both.

Mediation Agreement Calls for Deferred Sentence for Woman Who Struck Child Getting Off Bus

Patricia Ann Berliner entered an Alford plea to criminal endangerment on March 25; agreement includes community service, pledge to ‘raise awareness about bus safety’

Civil rights lawsuit against Charlottesville police officers headed to mediation

A lawsuit filed on behalf of several Albemarle County residents against two Charlottesville police officers accused of violating their civil rights by stopping their car while out of their jurisdiction is heading to mediation following a judge’s order.

Notes From the Judge: Keys to a Successful Mediation

Almost eight years ago I authored an article titled “10 Tips for a Successful Mediation,” and here we are more than 1,000 mediations and arbitrations later. I thought now would be a good time to revisit that topic as these suggestions are shared against the backdrop of the COVID-19 pandemic and its impact on the courts and current settlement practices.

Ammon Bundy case heads to mediation

BOISE, Idaho (CBS2) — The ongoing Ammon Bundy case is headed to mediation. A judge on Friday scheduled Bundy to head to a mediation conference with Magistrate Judge Greg Kalbfleisch, who's out of northern Idaho on April 26.

Relaunch of the Human Relations Commission Mediation Service Virtual News Conference

Toledo Mayor Wade Kapszukiewicz will hold a virtual news conference at 10 a.m., Wednesday, April 7 to announce the relaunch of the Toledo Human Relations Commission mediation service.

Chavez counters social justice groups, pitches eviction mediation program

Fresno City Council will consider a new program that is designed to protect tenants from unlawful evictions after California’s COVID-19 eviction moratorium ends in June. Council President Luis Chavez is proposing the rental mediation program on Thursday, which will officially be known as Keep Fresno Housed.

Lawyer says mediation resolves feud among Jordan royals

BEIRUT (AP) — Mediation between Jordan’s King Abdullah II and his outspoken half brother, Prince Hamzah, successfully de-escalated one of the most serious political crises in the kingdom in decades, the palace and a confidant of the prince said Monday.

March 2021

3/30

Discipline, Grievances and the Road Not Often Taken

Mediating grievances can save time, money and resolve problems. Why is it not done more often?

England: Divorcing couples to receive £500 mediation voucher

Divorcing couples are set to receive a £500 tax-free voucher for mediation in a UK government bid to ease pressure on the courts following the Covid-19 pandemic.

Mediation in the Public Sector

In countries with a continental European legal tradition, it is very rare for State institutions to undergo mediation procedures. And even if they do, it is highly unlikely that they would reach binding agreements that would resolve their disputes. Nonetheless, Ecuador is an exception.

NH landlord-tenant mediation could be national model, delegation says

New Hampshire’s congressional delegation is calling on the U.S. Department of Housing and Urban Development to promote landlord-tenant mediation programs they say would help prevent evictions.

How Mediation Can Help Both Sides Win a Trade Secret Case

Mediation is the natural, organic solution to the typical trade secret case that takes on a life of its own, becoming a soap opera for the participants. Properly engaged…it supports the parties in identifying the real problems and preparing for solutions to emerge.

3/23

Employment mediation tips and tricks

Dispute resolution—including those related to employment—are important parts of the law. With dispute resolution, you have a mechanism that will help you beat those lengthy and costly court cases. However, if you want the best results from an employment case, employ the right strategies. The following tips will help you get it right when it comes to dispute resolution.

Los Altos council member, activist agree to mediation

An announced mediation effort to settle a dispute between a young Black leader and a Los Altos City Council member met with a mixture of hope and skepticism from speakers at last week’s council meeting.

Blog: Benefits of Mediation When Divorcing During a Pandemic

If you are considering divorce during this time, you are clearly not alone. If the idea of dealing with the court system and the typical expenses of the traditional process does not appeal to you however, you’re also not alone. Mediation is an avenue for obtaining a divorce quickly, safely, confidentially, and cost effectively, especially during Covid-19.

Pulaski Street Elementary School learn peer mediation

Fifth grade students from Pulaski Street Elementary School participated in a peer mediation training hosted by EAC Network’s Long Island Dispute Resolution Center. “We are proud of these students,” said library media specialist Amelia Estevez Creedon. “They learned skills that will help them succeed and work cooperatively in school and in their future careers.”

County, cities conclude mediation; will discuss ‘revenue sharing’ to resolve dispute

ROCKINGHAM — The mediation between Richmond County and the cities of Rockingham and Hamlet regarding what the cities allege was a breach of contract by the county has concluded with a “tentative agreement” to discuss a solution to the battle over the sales tax distribution method.

3/16

Los Altos council member, activist agree to mediation in racism debate

Los Altos Mayor Neysa Fligor signaled a possible breakthrough Tuesday night in the back-and-forth debate over Councilmember Lynette Lee Eng’s controversial Nov. 24 comments.