Mediation News

November 2020

11/25

DOJ Issues New Guidance On Its Use Of Arbitration

Last week, the Antitrust Division (Division) of the U.S. Department of Justice (Department or DOJ) issued a

memorandum providing further guidance to Division attorneys and the public on the use of arbitration in civil enforcement matters. This guidance stemmed from a closely watched challenge to aluminum giant Novelis Inc.’s planned acquisition of Ohio aluminum company Aleris Corp. last year.

For the full story, see

here.

11/24

Tesla Owner's Bid to Avoid Arbitration in Battery Dispute Fails

The Ninth Circuit Court of Appeals has dashed a Tesla owner’s plea to avoid arbitration regarding a battery dispute. Prior, a trial court ruled that Tesla Inc. can compel several used-car buyers to individually arbitrate claims that it overstates the battery life of some pre-owned electric vehicles wasn’t a final. The owners tried to appeal this but the Ninth Circuit ruled that this was not an appealable order. "The appeals court, therefore, lacks jurisdiction, the panel said."

J&K High Court concludes Online Mediation training sessions
Mediation and Conciliation committee of High Court of Jammu and Kashmir today successfully concluded 40-hour online Mediation training sessions for judicial officers of Jammu, Kashmir and Ladakh.. Mediation training must for making judicial system more effective: Chief Justice read more

A Rare Occurrence: California Court Overturns Arbitrator's Award
Employers should review their NDA agreements to ensure the definition of “confidential information” is not so broad that it become a restraint on practicing a chosen profession, trade or business

Virtual Mediations Are Fairly Effective

Virtual mediations have been fruitful for a number of reasons.

Scotland: Landlords promote early communication and mediation to solve Covid rental issues
SCOTLAND’s largest landlord membership organisation has urged landlords and tenants to work together to sustain tenancies at risk due to the Covid-19 pandemic and ensure tenants access all available support to pay their rent.

‘It’s a conversation’: Philly’s alternative to landlord-tenant court is preventing eviction

When Philadelphia enacted the Emergency Housing Protections Act this summer, it mandated that landlords had to use the new Eviction Diversion program through the end of the year for tenants experiencing hardship because of the pandemic.

Russia’s Children Ombudsman urges mandatory pretrial mediation in family disputes

MOSCOW, November 23 (RAPSI) – Introduction of the procedure of mandatory pretrial mediation in civil cases relating to family law and development of territorial conciliation services are to facilitate readiness of citizens to negotiate and save families from disintegration, Russia’s Children Rights Commissioner Anna Kuznetsova believes.

Why Mediation Is the Holy Grail for Health Care Disputes

In health care cases, whether the dispute is between a health care system and an insurance company or a hospital and a physician, the patients are the ones who are most affected. How can solutions be tailored to allow for optimal patient care?

Potential flood of eviction cases could be too much for county mediation program

A county program providing free mediation services to tenants and landlords has an uncertain future.

Making Peace: Mediation as an essential tool for modern commercial dispute resolution

UK: It is common for commercial dispute lawyers to be described as 'litigators', but the skills and tools employed by the modern dispute resolution lawyer are far more versatile than that label suggests.

11/17

Jamaican Courts Switching To Mediation, Restorative Justice.

Jamaica’s Justice Minister, Delroy Chuck has said that the Holness government is looking to strengthen the use of mediation and restorative justice to settle minor and in some cases complex matters, without going to court.

Tenants and landlords in Spokane County can access a mediator and rental assistance before the eviction moratorium ends

The end of 2020 is looming as the end of forgiveness for tenants who owe back rent to landlords, and court officials are pushing mediation to avoid a litigation logjam.

Justice of the Peace Court launches online mediation portal

WILMINGTON — The arrival of a new pathway to resolve disputes without entering a courthouse was well-timed, Justice of the Peace Court Chief Magistrate Alan Davis said this week. Launched on Nov. 2, the Online Dispute Resolution system allows landlords, tenants and mediators to connect virtually to begin the process of settling their matters.

Six Ways to be a Better Mediation Advocate - End of a Mediation

Here are six things skilled mediation advocates do at the end of a mediation in the event of no settlement.

Greece: New unarmed police unit to patrol rallies, mediate with march organizers
A new police unit was activated on Tuesday whose job will be to manage and ring-fence low and medium risk protest rallies, Greek Police (ELAS) said. read more

How Simple Mediation Skills Can Bring Peace After The Election

These conversations are challenging and they can be even more challenging when people look to you to play the role of unofficial mediator.

11/10

What law governs your arbitration clause? You decide.

It will probably surprise you to hear that this is an issue that has vexed the courts and commentators, in England and internationally, for many years.

Arbitration agreements: Governing law

United Kingdom November 6 2020 - Clarification has recently been given by the Supreme Court in Enka v Chubb Russia [2020] UKSC 38, on the principles to be applied to determine the proper law of an arbitration agreement, in particular where the governing law of the contract differs from the law of the seat of the arbitration.

Delaware Court Routes Disputes Through New Online System

The Justice of the Peace Court's online dispute resolution system is now mandatory for all parties with landlord-tenant disputes filed since July 1 and is expected to eventually open to litigants in debt cases and later all the approximately 35,000 civil cases filed with the court each year.

The challenges and benefits of in-person and remote mediation

Amanda Bucklow has been using Zoom to conduct mediation for years. She considers the advantages and drawbacks, the impact of the coronavirus (COVID-19) pandemic, and tips on how to make the most of remote mediation.

Why to Incorporate a Mediation Step Into Grievance Procedures Under Collectively Bargained Contracts

I recommend requiring mediation for: 1) Reaching speedier resolutions, 2) Lowering costs, and 3) Involving a neutral party in guiding disputing parties in working collaboratively to reach a mutually agreeable resolution.

Mediation: An alternative to the backed-up courts

New Jacksonville Bar Association program will send volunteer attorneys to help parties resolve civil disputes.

Mediation needed to resolve gender discrimination and sexual exploitation in sports: Justice Sikri

He said neither the courts, that is litigation, nor arbitration that can deal with it effectively and mediation was needed for that.

"A good settlement is better than a good lawsuit" - International Mediation Week

This week we mark International Mediation Week which provides a useful opportunity to consider what role mediation plays in commercial disputes and reflect on how that role has changed in recent years.

11/03

One more reason to arbitrate: BC's new Arbitration Act

Arbitration has become an increasingly popular method for resolving legal disputes traditionally dealt with through the court system. Arbitration is known to be far more efficient and capable of delivering final results to litigants.

Legal Malpractice Ideally Handled in Pre-Suit Mediation

For a lawyer eager to keep malpractice allegations private and to put their perceived shame behind them, pre-suit mediation can be a huge stress-reliever.

Editorial: Choose mediation for rent disputes

An emergency proclamation prompted by COVID-19’s public health threat and issued by Gov. David Ige in April established a ban on residential eviction, which is now slated to expire Nov. 30. For cash-strapped renters, the moratorium can serve as a window to stabilize household budgets upended by coronavirus-related setbacks.

ACCORD highlights the urgency of increasing women’s participation in mediation

On the eve of the 20th anniversary of the United Nations Security Council Resolution 1325 (2000) on women, peace and security (UNSCR 1325), Ms. Pravina Makan-Lakha, General Manager and Advisor on Women, Peace and Security (WPS) participated in the online virtual dialogue titled, “20 years of African Women’s Participation in Women, Peace and Security: Civil Society Perspectives.”

Mediation ordered in Hot Yoga lawsuits

A deadly shooting at a yoga studio stunned Tallahassee two years ago. FSU student Maura Binkley and Capital Health Plan’s Chief Medical Officer Nancy Van Vessem died after a man opened fire during a Friday evening class.

In 2020, St. Louis Mediation Project Is A Lifeline For Tenants, Landlords Alike

People seeking help from the St. Louis Mediation Project, which primarily serves St. Louis County, may call 314-833-0226 or email coordinator@stlmediationproject.org.

October 2020

10/27

London Court of International Arbitration (LCIA) Issues New Arbitration Rules

The London Court of International Arbitration (LCIA) issued its new arbitration and mediation rules on Oct. 1, 2020. These rules will apply to all arbitrations commenced after said date unless the arbitration agreement indicates something different. The LCIA is one of the most prestigious and important arbitral institutions in the world, and an option to consider in any dispute.

Updates to ICC Arbitration Rules Aim for More Efficient, Flexible and Accountable Arbitrations

On October 6, 2020, the International Court of Arbitration to the International Chamber of Commerce (ICC) adopted updates to its Rules of Arbitration, which will come into force on January 1, 2021. Among other things, the 2021 ICC Rules shall provide greater efficiency and flexibility in arbitrations held under the 2021 ICC Rules.

Free mediation now available in Vermont for tenant-landlord disputes

Tenants and landlords in Vermont now have a free mediation service to help them navigate the state's COVID-related moratorium on evictions.

Bedrooms, Bookcases or Beaches: Choosing and Organizing Your Background with Purpose

Today’s post continues to explore how best to present yourself in a virtual mediation. Specifically, I address the risks and opportunities of using a virtual or actual background and provide practice tips on how to present yourself as professionally and persuasively as possible.

Mediation set to begin in late University of Michigan athletic doctor sexual abuse case

ANN ARBOR, MI — Mediation is set to begin between lawyers representing the University of Michigan and victims of alleged sexual abuse by late athletic doctor Robert Anderson.

Chiefs urge mediation for snow crab fishing rights

Indigenous leaders say they'll drop court action if government agrees to mediated settlement

Behind the global ceasefire call: 75 years of UN mediation, preventing conflict, promoting peace
When Member States signed the United Nations Charter 75 years ago, it was to prevent more existential conflicts and save succeeding generations from a third world war. Conflict prevention is part of the Organization’s DNA and remains a central priority today, a guiding principle behind the UN Secretary-General’s current call for a global ceasefire during the coronavirus pandemic.

Mediation and Restorative Justice programs celebrate 20 years

Mediation in Fort Collins began many years ago when a Vista volunteer started a small grant-funded program to help neighbors in conflict.

Ice-T-Hosted Virtual Legal Show ‘The Mediator’ To Get Limited Run On Fox TV Stations

The Mediator with Ice-T, a weekday, half-hour legal series hosted by the veteran rapper and actor, will get a limited four-week run on Fox-owned stations, including stations in New York and Los Angeles, premiering in March 2021.

10/20

Which country's laws govern an arbitration agreement?

Where parties have chosen to arbitrate their disputes, but have not specified the law of the contract or arbitration agreement, what laws apply to the arbitration agreement?

Challenges And Opportunities Of Virtual Hearings In International Arbitration

COVID-19 social distancing measures and travel restrictions have particularly affected certain aspects of arbitral proceedings.

To Hold Police Accountable, Ax the Arbitrators

Communities should have the power to fire abusive officers. But that power often rests with an obscure group of unelected labor arbitrators.

The Growing Appeal of a Multi-Stage Mediation Process
Scholars and mediation practitioners have begun to question whether a multi-stage mediation process, in which discrete parts of the mediation are tackled at different times, might offer a better approach, at least in some cases. read more

How do you ensure you choose the right mediator for your case?

Fundamentally, be curious and exploratory. Ask for recommendations from colleagues, people who have mediated before and/or an independent dispute resolution provider.

Tips for Maximizing Your Virtual Mediation Experience

Attorneys involved in virtual mediation need to carefully plan their online video calls for even mundane things like deciding who will be on camera, how to virtually break for lunch, and how to know when a mediator “enters a room,” say attorneys from Nutter’s litigation department.

How does BigLaw Resolve Commercial Litigation Cases in Mediation?

The short answer to this question is “by preparing their cases thoroughly.” However, like most things in life, the true answer to resolving commercial litigation cases lies in the details.

Mediation Strategies to Overcome Bias, Prejudgments and Assumptions

One of the bedrocks of our profession is the ability to help those who are most in need, without regard to race, gender, socio-economic status or the like.

Seven Ways to Successfully Prepare for your Mediation

Entire books could – and have – been written about how to be successful in commercial mediation, or any negotiation for that matter. But here are seven, straightforward tips that you can follow to maximise your chances of getting a good deal in mediation before you even sit down at the table. These tips apply equally to online and face-to-face mediations.

What’s So Different About Class Action Mediation?

So, what makes mediating a class action different from mediating an individual case? Plenty. Here are some of the key differences.