Mediation News

December 2019

12/05

Mediation Ends with Final Tom Lee Park Design Agreement

Mediation on the design of Tom Lee Park has concluded and the newly designed park will include three large, wide-open fields for festivals, a four-lane Riverside Drive, sports equipment that can be removed, and a design review committee to ensure the agreement remains true. read more

Robots and AI threaten to mediate disputes better than lawyers

Algorithms and big data are entering the often shrouded world of alternative dispute resolution read more

Mediation Begins Between Lawyers for the Archdiocese of Santa Fe and Victims of Clergy Abuse

Lawyers representing victims of clergy abuse and those representing the Archdiocese of Santa Fe formally entered mediation last week to try and resolve the hundreds of cases brought against the clergy as part of an archdiocese bankruptcy filing completed earlier this year. read more

Rugby Australia keen for 'sensible' settlement in Folau mediation

Rugby Australia said they hoped to reach a "sensible" settlement as they met on Monday with fallen star Israel Folau in a last-ditch bid to avoid a court trial over his sacking for anti-gay comments. read more

Resolving Disputes Through Mediation: 5 Tips To Make the Process Successful

If you have decided the time is right to mediate, then the incentives are there too. Below are five tips to aid in the effectiveness of the mediation process. read more

BE CANDID! Being forthcoming in mediation submissions eases way to resolution

It’s common knowledge that almost all civil cases are resolved before trial. Often, it is necessary to use a mediator. Thus, the importance of an excellent mediation submission is crucial. read more

12/02

Battle over land in Waltham heads to mediation

Waltham and the Trustees of the Stigmatine Fathers this month will seek a mediated settlement of a protracted legal dispute that stands in the way of the city’s efforts to build a new estimated $375 million high school on land formerly owned by the religious order. read more

Conflict Is Frustrating—Here’s How Mediation Could Help

Many of the stories I hear from my clients and students involve some form of work-related conflict. read more

Bankruptcy judge urges mediation between diocese, insurers, creditors

A federal bankruptcy-court judge has urged the Diocese of Rochester, its insurers and creditors to pursue mediation regarding insurers’ obligations to contribute to an estate for the satisfaction of creditor demands in the diocese’s Chapter 11 bankruptcy case. read more

How to keep the family peace at Christmas

Lawyers, therapists and hostage negotiators explain how to defuse festive conflicts

Make use of Legacy Dispute Resolution Scheme

Tax assessees who have disputes pending in Central Excise or Service Tax can settle those under the Legacy Dispute Resolution Scheme, said M. Periasamy, Joint Commissioner of GST and Central Excise, here on Saturday. read more

HAIKU for mediation

In each of these Haiku, I’ve sought to take one element of mediation . . . but further explanation would defeat the spirit of Haiku. read more

Comparative Data on Mediation Websites

Mediate.com continues to be the most visited and most linked mediation website on planet earth!

Overcoming Impasse in Mediation

This post suggests ways mediators can help parties in mediation move beyond impasse and achieve resolution.

November 2019

11/25

Calcutta HC lays stress on mediation to reduce backlog of cases

With the number of pending litigations before it touching 2.29 lakh, the Calcutta High Court is stressing on alternative dispute redressal mechanism like mediation to reduce the backlog.

What Does Zealous Representation in Mediation Require?

In the mediation process, the advocate is required to participate with good faith to approximate a win/win outcome. Notwithstanding, there remain significant legal duties that are expected.

Mediation Takes Off at Air France

In order to reduce the volume of labor-related court cases faced by Air France, the carrier’s director of legal affairs, Franck Raimbault, opened a path to mediation, which has proven to be a great success and a model for resolving industrial disputes in a country known for them.

Keeping your nerve: Family mediation at the Thanksgiving dinner table

While mastering those classic family recipes is important, it's the conversation that has the highest tendency to get overheated.

Challenges Facing the Singapore Convention on Mediation

The Singapore Convention on Mediation paves the way for settlements reached by mediation to be recognized internationally.

Money on the Table: The Biggest Mistake Attorneys Make in Mediation

“A lot of lawyers just show up at the mediation session and have not paid a lot of attention to pre-mediation, and it’s a lost opportunity to have strategic impact.”

Private or Shared Mediation Statements: A Tale of Two Mediations

I recently participated in two mediations, one as plaintiffs counsel and one as defense counsel, while they both successfully brought to a close the underlying cases, the parties to each had a different approach to the submission of mediation statements.

The Singapore Convention: A Path To Advance International Economic Development With Mediation

This article will provide a primer for New York practitioners on the Singapore Convention, including: takeaways from the global think tank discussion.

A Few Do’s and Don’ts of Class Mediations

Having experienced class action mediations both as advocate and as mediator, I have witnessed a variety of approaches to the mediation process, some helpful and some unhelpful. Here is a partial list of do’s and don’ts when representing parties to a class action mediation. read more

Resolving Disputes Through Mediation: 5 Tips To Make the Process Successful

If you have decided the time is right to mediate, then the incentives are there too. Below are five tips to aid in the effectiveness of the mediation process.

The Benefits of Early Mediation: The Path Least Taken Requires Commitment

The key to an effective early mediation is a commitment to the process. Absent that up-front recognition, an early mediation serves as nothing more than a weigh station on the litigation turnpike.

11/12

Canada: When Is Mediation Mandatory? A Comparative Analysis Of Mandatory Mediation Across Canada
Mediations, both court mandated and ad hoc, play a crucial role in our nation's litigation process. Over 90% of litigated matters will eventually come to some form of settlement prior to trial and mediations are a large part of that. read more

Gender discrimination suit will move to mandatory mediation

Lori Streichert, a former employee of the Chester Recreation Department, is suing the town for allegedly treating her unfairly in their hiring and salary decisions.

Five Reasons Why Mediation Needs to be Mandatory
Ever since HR adopted mediation 30 years’ ago, there’s been a sacred principle that it should always be a voluntary offer. If it’s not voluntary then somehow it’s a breach of employee rights.

Shot couple back in court after mediation
A couple who police shot during an erotic Saints and Sinners themed party at a Melbourne nightclub will return to court after a mediation.. read more

Weighing up litigation, arbitration and mediation

There is a time and a place and a method for resolving every dispute. After all, every problem has a solution, however intractable or difficult it may seem.

12 Dispute Mediation Techniques For Managers
We asked 12 professionals from Forbes Human Resources Council to share some techniques that could help a manager smooth over strife within a team to keep spirits (and productivity) at its peak. Here’s what they recommend.

11/04

Don't Stop Working Toward Resolution When the Mediator Leaves the Room

When it is just you and your client, strategies such as goal-setting, continual trust-building and constant expectation management help to ease frustrations and increase output.

USA Powerlifting and transgender athlete agree to talks related to trans ban

USA Powerlifting and lawyers representing a lifter who filed a discrimination complaint because of USAPL’s trans-exclusionary policy will attempt a settlement.

Mediation Resumes In Lawsuits Over Sex Abuse By Ohio State Doctor

Lawyers are resuming mediation toward a potential settlement in lawsuits against Ohio State by men who collectively allege two decades of sexual misconduct by a now-deceased team doctor.

Riverside police seek mediation for juvenile offenses

Enlisting Center for Conflict Resolution to divert kids from courts.

October 2019

10/23

The Case for Presuit and Early Mediation

Where resolution should always be the ultimate goal, early or presuit mediation may serve a vital role as a vehicle for exploring settlement in high stakes cases such as medical malpractice and nursing home litigation, where protracted costs can be avoided by all parties. read more

Mediation Lessons from the Talmud

In this latest post applying Talmudic principles in mediation, we discuss a psychological principle known as the “endowment effect” and its impact on negotiations during mediation.

Mayor honors Kauai Economic Opportunity Mediation Program
LIHUE — Mayor Derek S.K. Kawakami took time on annual Conflict Resolution Day, coinciding with International Conflict Resolution Day, on Thursday, to thank the volunteer mediators with the Kauai Economic Opportunity Mediation Program.

Mediation, Non-disclosure Agreements Challenge Educational Opportunity in Connecticut

“Many parents are wary of discussing outplacement as they have had to negotiate settlement agreements with their district and cannot, based on the terms of the agreement reveal the terms.” read more

Indiana: Reversal: Small claims courts cannot order mediation, ADR

Parties cannot be ordered to participate in alternative dispute resolution in small claims proceedings, the Indiana Court of Appeals ruled Thursday, reinstating a dog-bite case that a judge had dismissed after litigants refused to participate in court-ordered mediation. read more

Intercultural mediators to ensure equitable health care services

A newly published WHO Health Evidence Network (HEN) synthesis report has found that intercultural mediators are highly effective in bridging linguistic and cultural gaps and are therefore indispensable to high-quality, comprehensive health care provision for refugees and migrants. read more

Learn how to become a Florida Supreme Court Certified County Mediator

In the 14th Judicial Circuit, mediators have been saving the courts time and money by helping people achieve mutual agreements in their cases for more than 20 years. read more

University of Houston Law Center Hosts National Mediator Competition
S. Dakota law student wins top prize in Blakely Advocacy Institute contest

Ronaldo asks US court to dismiss rape case or OK mediation

Cristiano Ronaldo's lawyers have filed court documents asking a U.S. judge in Las Vegas to either dismiss a Nevada woman's lawsuit alleging the soccer star raped her in 2009, or to order closed-door settlement talks. read more

10/14

Mediation 2019: Roundtable

Who’s Who Legal brings together Kate Jackson at Independent Mediators, Alan Limbury at Strategic Resolution and Mercedes Tarrazón at Dispute Management, SL to discuss issues facing mediation lawyers and their clients in the industry today.

Singapore Ministry of Law weighs in on importance of global mediation efforts

Two representatives from the Singapore Ministry of Law have spoken out about the historical signing of the Singapore Convention of Mediation, which is set to impact cross-border commercial disputes going forward.

Judges Head Back to School to Prepare for Presumptive Mediation Initiative

When officials from the state Office of Court Administration asked if professor Alexandra Carter would be open to having the judges sit in this year, she jumped at the idea.

Impasse in Mediation

Why does impasse occur in mediation? In my experience as a commercial mediator, impasse most often flows from a combination of cognitive biases and flawed risk assessments.

Rebuilding Empathy in the UK

In an increasingly turbulent and polarized world, where fear and anxiety are on the march and divide and rule is more in evidence, it is tempting to circle the wagons to keep those who disagree with us at bay.

10/09

Ayodhya hearing: Mediation details leaked on Twitter, claims lawyer of Muslim parties

Supreme Court is hearing the Ayodhya land dispute case on day-to-day basis and on the 37th day of hearing the Muslim parties argued that details of the mediation process were leaked online.