Mediation News

July 2021

7/27

Saratoga Springs Seeks Mediation With BLM Protesters After Explosive Meeting

“I think we need some mediation. I would like to discuss this with the rest of the council and see how they feel, you know. But it seems like we need some professional mediation and that we can sit down and work through a professional mediator and figure out how we can progress forward.”

Mediation Specialist Shares Tips as Hawai?i's Eviction Moratorium Ends Soon

The statewide eviction moratorium that has been in place since April 2020 will come to an end on Aug. 6. That could force many people financially impacted by the pandemic to find new housing when median home prices are hovering around a million dollars, and rental inventory is shrinking.

As Portland and Its Police Union Enter Mediation, Over 40 Topics Remain Unresolved

An “unresolved issues” list filed that day with the state, obtained by WW, lists over 40 topics that remain unresolved between the two parties, including policy relating to body cameras, the city’s proposed discipline guide for officers, and Independent Police Review, which Portlanders voted to dissolve and replace with a new citizen-led board.

Supreme Court asks Kirloskar brothers to consider mediation

New Delhi: The Supreme Court on Tuesday maintained status quo on the family dispute related to assets of the Kirloskar group and asked the members of the 130-year-old corporate entity to try and settle the dispute through mediation rather than pursue litigation.

7/19

Towards India’s new mediation age

Mediation needs an omnibus law that provides legitimacy to mediated settlement agreements

The mediation brief: A primer

Family mediation is in the spotlight again and that is a very good thing. Any dialogue about this important modality for resolving family law disputes is welcome — and since I firmly believe that heterogeneity of ideas enriches dialogue, I read with interest the friendly debate taking place on the pages of this very publication.

Trial Court Order Enforces Condominium Declaration’s Pre-Suit Mediation and Arbitration Provisions

The Order recognizes that courts will not hesitate to enforce written mandatory pre-suit requirements—even when such requirements may be located in a recorded condominium declaration.

Irvington Boat Club, TZC Headed to Mediation Over Runaway Barge

More than two years after a runaway barge from the Mario M. Cuomo Bridge construction site smashed into the Irvington Boat Club’s pier, the club and bridge builder are headed to mediation over the cost of the damage.

Idaho Falls man accused of child rape sentenced to rider after mediation

An Idaho Falls man who was originally charged with lewd conduct with a minor was sentenced to a rider program Monday. The charge against Adrian Kovalsky, 36, was reduced to battery with intent to commit a serious felony as part of the plea agreement.

Mediation continues in Michigan's attempt to shut down Line 5 pipeline
Michigan officials and Enbridge brass are scheduled to sit down again in August with a court-appointed mediator to try to settle their long-simmering dispute over the Calgary energy giant’s Line 5 oil pipeline.

State Seeks To Skirt Mediation In Challenge To Florida Protest Law

Lawyers for the state are seeking to sidestep mediation ordered by a federal judge, in a legal challenge to a controversial law championed by Gov. Ron DeSantis aimed at cracking down on violent protests.

7/13

The future of international mediation for lawyers

The pandemic has seen a significant increase in the number of international mediations that have taken place online. As more countries sign-up to the Singapore Convention, this trend is likely to increase.

Free mediation for wedding couples and vendors affected by Covid-19 restrictions

SINGAPORE - The Ministry of Law (MinLaw) is rolling out mediation help to parties in wedding events affected by Covid-19 restrictions.

Treehouse owners open door, HB agrees to mediate

Two of the three parties in Holmes Beach’s long-running treehouse legal battle are ready to come to the table.

Mediators raise concerns about online eviction mediation program

Court officials say this will give tenants another opportunity to work out a deal to avoid an eviction proceeding, but mediators and mediators are concerned virtual communication is not effective and can further inflame tensions.

Dallas violence interrupters offers training workshop on dispute mediation and safety

Violence interrupters in Dallas are using their experience to stop the prison cycle and warn young people about where the path they are on might lead.

A map to mediation and conflict resolution for EMS

Mediation and conflict resolution skills are imperative to those in EMS leadership and those still in the field. Discord between crew members can often affect day-to-day productivity, an employee's sense of wellbeing and even patient care.

Women must be included in conflict mediation in Somalia

The recent political tensions have worsened insecurity for Somali women. Going forward, they must be included in the political process.

7/06

Should We Start with a Settlement Agreement?

Sending a proposed Memorandum of Understanding with a party’s opening offer can help identify problems at the outset of the case.

Can Missouri get out rental assistance fast enough to prevent evictions?
“The assistance is closer to where we need it to be,” said Sarah Owsley, director of policy and advocacy for Empower Missouri. “But it’s not going to stave off the wave of evictions that’s coming. We need more mediation with landlords.” read more

Future cities series: mediation as a standard element of infrastructure disputes

This article is part of our Future Cities Series where our experts explore the pressures facing our cities in the post-Covid era and map out the key issues and industry themes in re-thinking urban life.

New law requires landlords to use mediation before evicting tenants

Mediation centers on the Big Island are preparing for an influx of cases when the state’s eviction moratorium ends in August. On Wednesday, Gov. David Ige ratified a new law aimed at preventing a tsunami of eviction cases when the current prohibition on evicting tenants for failing to pay their rent ends on Aug. 6 after more than a year.

Riskin’s Grid: Do You Need a Facilitator or an Evaluator?

Leonard Riskin is a renowned law professor and ADR scholar who taught at the University of Missouri during the ‘90s. During this time, Professor Riskin set out to observe mediations and write about the work of people who call themselves “mediators.” The result is what has been called “Riskin’s Grid” or “Riskin’s Grid of Mediation Techniques.”

June 2021

6/29

USA Gymnastics remains in bankruptcy, mediation with survivors

USA Gymnastics remains immersed in a mediation process with sexual abuse survivors and is still in bankruptcy even as the organization’s biggest event in five years is being held in St. Louis.

Report summarizes mediation process involving Cambridge Indian mascot decision

The conflict over the Cambridge Central School mascot “has played out on a personal level,” affecting not only the school but also dividing families, friends and workplaces, said Duke Fisher, leader of the team that held community conversations about the Indian controversy.

Employees continue mediation with The Biltmore

Four Seasons Resort The Biltmore Santa Barbara is closed without a reopening date in sight. Four Seasons Resort The Biltmore Santa Barbara is scheduled to have a mediation session with furloughed employees July 10. The Montecito resort has not set a projected reopening date. A couple hundred employees are threatening a lawsuit against the Ty Warner-owned hotel for not paying them severance. They have been without work since the resort’s closure March 20, 2020.

Treehouse owners call for court-ordered mediation

The owners of the treehouse in Holmes Beach — long the subject of controversy and lawsuits — are proposing terms to bring the matter to a close. Richard Hazen and Lynn Tran-Hazen submitted a letter June 16 to 12th Circuit Judge Charles Sniffen asking him “to consider issuing an order to mediate this case to conclusion immediately, upon terms both just and fair to all parties.”

6/22

Peter Dutton to enter court-ordered mediation with Shane Bazzi in tweet defamation case

Judge says defense minister and refugee activist he is suing should be able to ‘reach a compromise’ if they act ‘sensibly’

Bill to establish an eviction mediation program in Maine moves ahead

A bill that would protect tenants from being evicted without first having the opportunity to go through mediation appeared Tuesday night to be headed for passage by the state House and Senate this week.

Mediation scheduled in attempt to resolve case of arrested Loveland woman with dementia

The federal lawsuit against the city of Loveland and several police officers for the treatment of Karen Garner during her arrest in June 2020 will go to mediation in July, according to court filings.

Hawaii: New law requires landlords to use mediation before evicting tenants

Mediation centers on the Big Island are preparing for an influx of cases when the state’s eviction moratorium ends in August.

OGA extends UK offshore mediation trial

Scheme designed to help UK offshore operators and facility owners resolve disputes.

Michelangelo Mediation: A Strategy for Conflict Resolution

How to guide a productive debate among team members. It is said that when Michelangelo was asked how he sculpted David he said that he chiseled away anything that wasn't David. That essentially describes my approach when I am called in to mediate or resolve a conflict.

6/15

Harrison’s peer mediation class shows results

Conflicts are unavoidable in life. That’s particularly true in high schools, where young minds and growing bodies can lead to more than just mere disagreements; sometimes those arguments and issues can change the trajectory of a student’s future — and not in a good way. Enter a relatively new concept for educators at Harrison High School: restorative justice.

Trump Tax Battle Spurs Judge to Push for Mediation Over Subpoena

A federal judge pressured lawyers for Donald Trump and House Democrats to settle their long legal battle over a subpoena of financial records from the former president’s accounting firm, telling them he had contacted a mediator.

Portland Police Union and City Will Enter Closed-Door Mediation to Negotiate Contract

Portland Police Association executive director Daryl Turner announced Monday morning that the police union and the city will enter private mediation over its contract. “Pressure breeds progress and results,” Daryl Turner said.

With eviction moratorium ending soon, Milwaukee County officials consider Right to Counsel Initiative

With the expiration of a moratorium on evictions looming, Milwaukee County officials are moving to ensure tenants facing court action have a right to legal counsel. The CDC issued a moratorium on evictions beginning Sept. 4 to prevent the spread of COVID-19, as long as tenants signed a declaration ensuring they meet certain criteria. That moratorium ends June 30, leaving some officials worried the number of evictions will increase drastically.

Six Flags Great America agrees to $36M settlement over use of finger-scan entry gates

After Supreme Court ruling, both parties entered into mediation. The Lake County Court preliminarily approved the proposed settlement agreement last month and the settlement was recently made public.

6/08

The Importance of Adding a Mediation Provision to Representations and Warranties Policies

After almost three years of experience mediating many of the pre-condition disputes, including those arising under representations and warranties policies, I still encourage parties to build into their policies a mediation provision. However, I would recommend the parties defer satisfying that condition until they have closed the information deficit from which they each suffer.

The Importance of Empathy and Effective Listening in Arbitration and Mediation

Regarding communications in arbitrations and mediations, a neutral who interacts with litigants from different backgrounds may wish to establish common ground, emphasize similarities, and establish empathy to help the litigants feel more comfortable in the exchange. Also, the participating attorneys representing the litigants may wish to build a rapport not only with their clients, but with the neutral in order to be more effective communicators and better listeners.

CMS funding dispute may be headed for mediation

On Tuesday, county commissioners passed a budget for next fiscal year but withheld $56 million in funding from local schools. The school board quickly announced plans to fight back.

Mediation fails between Florida, CDC over cruise line lawsuit

Mediation between Florida and the CDC over cruising has failed, the Governor's office confirmed to FOX 35 on Thursday.

NFL judge: Lawyers for Black players who challenged 'race-norming' can join mediation over issue

The federal judge presiding over the NFL's $1 billion settlement of brain injury claims on Thursday invited lawyers for Black players who call the settlement discriminatory to join court-led mediation over the issue.

International Mediation: The New Mode of the Future?

As global businesses have had to adapt to the curveballs thrown by COVID-19, innovation has sprung from adversity and the future of international trade is bright. One area of innovation is the continued development and adoption of the Singapore Convention on Mediation (“Singapore Convention”), which if ratified more widely in the coming years will provide an enforceable framework for international mediation.

6/01

Feasibility of Online Mediation in Consumer Redressal Mechanism

This article covers the meaning of ODR, the outlook of various nations towards it, why there is need of this new phenomenon and its use in Consumer Redressal.

Kenya: Judiciary counts gains of court annexed mediation

The Judiciary has made some positive strides in reducing the backlog of cases through alternative justice systems, particularly the Court Annexed Mediation (CAM), which was established five years ago. The tenure of former Chief Justice David Maraga focused on all courts concluding all cases that were five years old and above. We will continue that trajectory and ensure that at any given time, no case should be in the justice system for longer than three years.

Mediation in the UK - continued growth and an online revolution

A new report on the use of mediation, together with our recent experiences of conducting mediations online during the COVID-19 pandemic, has highlighted that this form of dispute resolution is growing and evolving in both Scotland and England & Wales.

Rise in cases of judicial mediation in pandemic

Claire Scott and Rob Childe tell HRNews about the relative success of virtual judicial mediations

Judge orders mediation in transgender rant beer toss case

A New Jersey judge has ordered mediation in the case of a middle school vice principal who threw beer at people who were filming his wife’s rant against a transgender woman’s use of a public women’s restroom

Mediation can solve boundary disputes

The Boundary Disputes Mediation Service comprises a mixed panel of mediators, lawyers and surveyors, all experienced in boundary and neighbour disputes, who can provide a quicker and cheaper alternative to litigation.