Mediation News

January 2022

1/18

Ways Family Mediation Can Help Resolve Elder Care Conflicts

Mediators can offer constructive, non-judgmental solutions to siblings when it comes to sharing the responsibilities of caring for parents

Certain Marin disputes are overdue for some mediation

In the public sector, the art of compromise isn’t valued as much as it is in the world of private legal conflicts. Those of us who’ve participated in mediations or served as mediators understand the value of the process to resolve seemingly unresolvable disputes to reach an agreement.

Union, company, consider mediation at BC mine

United Steelworkers ratification vote must be concluded no later than Jan. 24, says employer

Understanding the Differences Between Arbitration and Mediation

Arbitration and mediation are popular forms of alternative dispute resolution mechanisms to litigation based on consensus between the parties.

1/11

Ramirez wants signatures on mediation papers—and he has half a billion reasons for that

Days after getting EJ Obiena to agree to mediation, Philippine Sports Commission (PSC) Chair Butch Ramirez urged the pole vault star to sign papers that could trigger the start of the process.

China’s New Intellectual Property Mediation Rules

In what appears to be an effort to standardize and professionalize its mediation practices and procedures, China recently enacted new rules governing the mediation of intellectual property disputes.

USA Gymnastics mediator enters archdiocese abuse case

The 3-year-old bankruptcy reorganization of the Archdiocese of Santa Fe entered a critical phase on Monday, with insurance companies and clergy sex abuse claimants meeting in a confidential mediation with attorneys for the church.

What a family mediator and lawyer does in a workday

A crazy morning, a lunch of chicken pie and collards, and lots of emails.

Prepare for Mediation With Ranges Instead of Bottom Lines

One of the most common mistakes I see in mediation is when a party comes into the process with a firm “bottom line” in mind.

December 2021

12/28

‘Cure Violence’: How a growing program offers street-level conflict mediation in Atlanta

When a shooting occurs within a cluster of neighborhoods just south of I-20 in Atlanta, police officers aren’t the only ones to respond to the scene. People like Tekesia Shields are often dispatched too. And they stay involved long after the crime scene tape is taken down. Shields will offer counseling and resources to the shooting victims, make sure neighbors are OK and work to figure out what led to the conflict. In other instances, Shields aims to stop violence before it happens, working out disagreements before they escalate to gunfire.

Atlantic City Casino Property Tax Break Ordered to Mediation

The Atlantic City casino payment-in-lieu-of-tax (PILOT) amendment signed by New Jersey Gov. Phil Murphy (D) last week is headed towards mediation.

Biden Appoints Acting Labor Mediation Director, Demands Senate Action on Nominee

President Biden’s choice to lead the Federal Mediation and Conciliation Service has languished awaiting a confirmation vote by the Senate since August.

Fate of Buffalo elevator heads to mediation

BUFFALO, NEW YORK, US – The fate of a historic grain elevator damaged by a Dec. 11 windstorm was ordered by a judge to mediation on Dec. 27, according to a WGRZ-TV report. The 125-year-old Great Northern Grain Elevator is owned by ADM and has been inoperable for 40 years. ADM has sought several times for permission to demolish the structure over the years but has been stymied by historic preservation groups.

As legal fees grow beyond $7 million, Buffalo Diocese bankruptcy case heads to mediation

The Buffalo Diocese, which has racked up more than $7 million in legal and professional fees in nearly two years in bankruptcy court, will head into a new phase of its Chapter 11 reorganization. Chief Judge Carl L. Bucki of the U.S. Bankruptcy Court in the Western District of New York has ordered the diocese to begin mediated negotiations with its insurers, parishes and schools, and creditors – namely the more than 900 people who have filed claims accusing priests and other diocese employees of child sexual abuse.

12/14

How to pop the (mediation) question - a mediator’s perspective

You are litigating a case and you want to raise the topic of settlement with the other side. You are afraid, however, to prejudice your position by making the other side think that you are desperate to settle. There is no court-ordered mediation on the horizon. How best to get the other side to the table?

Camarillo seeks to disband rent commission for mediator on landlord, renter disputes

Camarillo is moving to replace its Rent Review Mediation Commission, which resolves disputes between landlords and tenants, with a lone mediator.

Revealing Statistics About Divorce Mediation

TopCounselingSchools.org compiled information and statistics from a variety of sources to illustrate the effectiveness of divorce mediation. Here are some of the most notable pieces of information they highlighted.

California Expands Family Leave and Modifies Small Employer Mediation Pilot Program

On January 1, 2022, leave under the California Family Rights Act (“CFRA”) will be expanded to provide employees with up to twelve weeks of job-protected leave to provide care to a parent-in-law with a serious medical condition. AB 1033 also makes changes to the Department of Fair Employment and Housing’s (“DFEH’s”) small employer family leave mediation pilot program.

12/07

Eviction mediation program sees ‘tsunami’ of activity in November

An agency tasked with handling mediation for tenants with unpaid rents is seeing an influx of new cases as eviction protections put in place due to the COVID-19 pandemic have gone away.

India Mediation Bill: Not getting the Act together

While it contains many pluses, the Bill needs improvement in some crucial places

Davenport schools say mediation program has reduced suspensions.

Davenport school officials say a new approach for addressing fights among students has led to fewer repeat incidents, fewer suspensions and better outcomes.

City of Pasadena Announces Community Mediation Program

The City of Pasadena will be implementing a City Prosecutor Community Mediation Program. This program is designed to help in the early resolution of community disputes so that these disputes do not rise to the level of police, criminal justice or court involvement.

November 2021

11/30

Alzheimers Q&A: What does elder mediation mean?

Elder mediation aims to address conflicting issues in families and in institutions and provides a forum for family decision-making. Elder mediators assist with difficult conversations among family members, and they help make plans and reach acceptable outcomes to disagreements.

Decoding India’s Draft Mediation Bill 2021

The recently proposed Draft Mediation Bill (“draft bill”) is a step towards institutionalizing mediation as a method of resolving disputes. This article attempts to highlight the present framework governing mediation and its shortcomings therein. To overcome shortcomings, the government has proposed the draft bill. However, the draft bill has raised various concerns which need to be addressed urgently.

A Marin Lawyer Became the "Godfather of Conflict Mediation" - Then He Ran For Office
In These Polarizing Times, Is Any California Community Safe from Bitter Battles? There is no mask or vaccine that can protect communities from high conflict. Even people who are highly skilled at avoidance and de-escalation can get stuck in bitter, all-consuming, no-win battles in their hometowns. read more

Workshop Held to Assess the Needs in the Field of Mediation and Arbitration in Turkey

The Council of Europe is carrying out a detailed needs assessment analysis and expert review of the legal framework on mediation in Turkey and best practices in Europe in the field of mediation in civil and commercial disputes within the framework of the EU-CoE Joint Project on “Promoting Alternative Dispute Resolution (ADR) in Turkey”.

11/23

Kyle Beach agrees to mediation with Blackhawks; settlement talks back on

Two weeks after talks seemed to break down, the two sides will meet in December for mediation involving Beach’s sexual assault lawsuit against the Hawks.

Marilyn Manson’s lawyers may seek ‘global mediation’ to settle rape and sexual assault charges

Marilyn Manson’s lawyer tells US court that the singer may seek “global mediation" to resolve the multiple sexual assault and abuse cases brought against him

Prosecutor drops charges against officer in rare case of restorative justice mediation

Criminal charges against a St. Louis County police officer who shot a Black woman were dropped Monday after the victim requested a restorative justice mediation that focuses on repairing the harm caused by an offense.

Mediation commences today in Rams relocation case

In a little more than a month, the high-stakes litigation arising from the relocation of the Rams will go to trial in St. Louis. Starting today, the parties will convene in an effort to resolve the case.

11/16

How Do Lawyers Counsel Clients During Cold-Feet Mediation Moments?

"Cold feet" can be defined as an apprehension or doubt strong enough to prevent a planned course of action. Mediators come across this phenomenon, when everything is agreed and then one of the parties develops cold feet!

From Gang Member to Gang Mediator

An “interrupter” tells her story about preventing violence on the streets of Chicago.

9/11 Victim Fund Director Feinberg Is Named Mediator for J&J Fight

The lawyer who oversaw payments to victims of the Sept. 11 terrorist attacks has agreed to mediate part of the fight between Johnson & Johnson’s former talc supplier and thousands of women who claim the company’s baby powder causes ovarian cancer.

Ecuador to use military, mediation to end prison violence

Authorities attribute the unrest to competing drug-trafficking gangs fighting over trafficking routes. Steps to pacify the prisons were agreed with a wide range of officials, Lasso said, describing the violence as one of the biggest crises the country has faced in decades.

Clarks agrees to mediation in fire-and-rehire strike

The shoe retailer Clarks has agreed to allow mediators to help resolve a strike at its warehouse in Street, Somerset. The conciliation service Acas confirmed that it is in contact with the company and the union about arranging talks. Staff at the warehouse have been on strike since 4 October over pay and conditions.

The Verkhovna Rada of Ukraine has passed the law on mediation

Some 247 MPs voted for the relevant decision, an Ukrinform correspondent reported. The approved document proposes defining the legal basis and procedure for mediation in Ukraine.

11/09

India government releases draft bill of country’s first mediation law

India’s Ministry of Law and Justice released Friday the Draft Mediation Bill, 2021, inviting comments and suggestions from all stakeholders. The bill aims to promote, encourage and facilitate mediation in the country, particularly institutional mediation.

Mediation is Available at the North Carolina Court of Appeals

The week of October 17-23 has been designated as Conflict Resolution Week in North Carolina. Mediation is a form of conflict resolution in which the parties meet with an impartial and neutral person who assists them in the negotiation of their differences. Parties may participate in mediation prior to litigation or after the commencement of litigation or even on appeal. Unlike many states, in North Carolina, mediation is available at the Court of Appeals. The Appellate Mediation Project was established in 2002.

To limit evictions, Bellevue provides landlord-tenant mediation, money for back rent

With the statewide moratorium on evictions ending last week, the City of Bellevue is offering mediation to help tenants and landlords negotiate repayment of overdue rent, on-hold because of impacts from the COVID-19 pandemic. The city is also providing money to low- and moderate-income residents to cover back rent and unpaid mortgage.

Dealing with a landlord-tenant issue? N.H. officials say a new mediation program can help keep you out of court

New Hampshire residents have a new way to avoid evictions or resolve housing disputes outside a courtroom. Tenants and landlords can now request to use a free mediation process, where a neutral third party can help to come up with a solution to their underlying disagreements before an eviction case is filed.

11/02

Louisiana Implements Mediation Program for Hurricane Ida Claims

Louisiana has established a voluntary mediation program for the purpose of resolving property/casualty insurance claim disputes related to damage caused by Hurricane Ida, which struck Southeast Louisiana as a category 4 hurricane in late August.

Column: Mediation an opportunity to be proud of

“Mediation” is defined (per Webster) as “intervention between conflicting parties to promote reconciliation, settlement or compromise.” I’m a mediator, certified by the state, and proud to serve.

Ex-talc suppliers, insurers seek mediation as bankruptcies hit turning point

Calls for mediation in two intertwined talc-related bankruptcies are growing as disputes over insurance policies have bogged down efforts to resolve litigation alleging exposure to talc products caused cancer through the Chapter 11 process.

Dayton to use mediation response for some nonviolent 911 calls

Dayton plans to launch its new way of responding with unarmed mediators to minor, nonviolent issues by spring. The new 911 mediation response program could grow to handle about 4% to 5% of police calls for service in the city, reducing interactions between law enforcement and residents that have the potential to escalate.

Co-Mediation As a Conciliation Tool

Co-mediation is an under-used concept in conciliation. In the right cases, co-mediation can benefit all involved. In the current climate, where diversity and inclusion awareness is heightened, the time is ripe for a tool such as co-mediation, to ensure access to justice and inclusivity where case outcomes may be more equitable.

October 2021

10/19

The Explosion of Mediation: An Alternative to Trials

Mediator David A. Hoffman talks about the explosion of mediation during the pandemic, the push for mediation as an alternative to trials, and what the future holds for jury trials.

Legal experts, advocates help mediate evictions inside the Guilford County Courthouse: ‘Don’t give up’

GREENSBORO, N.C. (WGHP) — The Eviction Mediation & Housing Navigation Program is now fully operational inside the Guilford County Courthouse in Greensboro. The program is a partnership between Legal Aid, Guilford County DSS, and the City of Greensboro Neighborhood Development Department. The team assists with applications to the city’s Emergency Rental and Utility Assistance Program, and staff can fast-track applications for those facing eviction.

Louisiana Implements Mediation Program for Hurricane Ida Claims

Veterans, NH hospital in Bible dispute agree to mediation

CONCORD, N.H. — Two U.S. Air Force veterans and New Hampshire's veterans hospital involved in a legal dispute over the display of a Bible have agreed to mediation.

New state program offers free mediation services to farmers

LANSING — Michigan farmers now have access to a free mediation service to settle disputes outside of court. The Michigan Community Mediation Association has been awarded the Michigan Agricultural Mediation Program by the United States Department of Agriculture. Farmers’ disputes covered by this grant can range from contract issues, estate and probate complications, adverse determinations by the USDA, bankruptcy, and any other conflict farmers may face concerning their farms.