Mediation in Today's News

February 2017

Keep condo conflict out of court: Mediate

In the condominium arena, threatened lawsuits and racing to the courthouse are not always the answer. Mediation is an effective, successful way to keep condominium conflict out of court. It focuses on the fix, not the fight. read


The Myth Of The Forceful Mediator

It’s time to debunk the myth of the forceful mediator, and to suggest more productive ways for top-gun litigators and top-flight mediators to engage. read


Timing of a Mediation

Most litigators have experienced that mediation is a virtual certainty in nearly all cases. The question is no longer if, but when. In evaluating options for resolving your client’s dispute, you may ask yourself “when is the right time to mediate this dispute?” read


Mediator Joins Nike Negotiations

The university has recruited third-party mediator Don Edwards, Justice and Sustainability Associates’ CEO, to assist in the negotiations between Georgetown and Nike regarding the university’s licensing contract, which expired Dec. 31. read


Peer mediation turns 20 at Tuc-el-Nuit school

Help, I need an adult! That phrase has become far less common over the past 20 years at Tuc-el-Nuit Elementary, where students in a squabble are taught to rely on their own problem-solving skills through the school’s peer mediation program. read


Getting Clients — And Keeping Them — Through Pre-Suit Mediation

"Let's just sue them now! That will make them come to the table and settle!" Almost every litigator has heard these words from an exasperated client. Many lawyers are tempted to go along. But as every good lawyer knows, this almost never comes true. Once the litigation train has left the station, it is very difficult to stop. read


Law school naming feud heads to mediation

A preliminary deal over naming rights between Houston's battling law schools formally fell apart Wednesday, with lawyers asking a federal judge to send them into mediation. The dissolution of the talks comes as Houston Community College joins the trademark fray over the question of who has the right to use "Houston" in educational materials. read


Toms River Chabad lawsuit headed to mediation

The federal civil rights lawsuit filed against the township by Rabbi Moshe Gourarie and the Chabad Jewish Center is headed for mediation. Gourarie's lawsuit charges that "anti-Semitic hostility" and local opposition to the township's ultra-Orthodox Jewish population are the reasons why the Chabad Jewish Center has been told it needs a variance to operate. read


Hanford vapor case headed to mediation

Parties in a lawsuit over employee concerns about exposure to chemical vapors at the Hanford Nuclear Reservation are headed to mediation. read

January 2017

Lengthy Mediation Efforts To Save Dallas Pension Fund Fail

Lengthy mediation efforts this week between Dallas leaders and the Dallas Police and Fire Pension System have failed and no resolution appears evident as the pension stumbles toward insolvency read


Charity urges increase in family mediation

A charity has called for an increased use of mediation during family breakdown. The public needs a better understanding of the divorce process so children and other “at-risk parties” can be better protected, the Family Mediation Association (FMA) insists. read


In praise of mediation

For reasons I won’t go into here, I think I may have gained a reputation in some quarters for being an opponent of mediation as a means of resolving family disputes. In fact, nothing could be further from the truth. read


Six-month extension to wrap up mediation with artists

With the passing of the first deadline for mediation between the four artists who are challenging city ordinances that restrict their use of public spaces, the City of St Augustine reported to Historic City News that the court has approved a six-month extension to wrap up mediation before proceeding to jury trial. read


University Brings In Mediator For Nike Negotiations

Weeks after a student protest occupying University President John DeGioia’s office ended and Georgetown allowed its licensing contract with Nike to expire, the university has hired an independent mediator to facilitate negotiations with the apparel company in the coming weeks, according to university spokesperson Rachel Pugh. read


Hawaii bill compels mediation for Zuckerberg-type land deals

A Hawaii lawmaker said Friday he plans to introduce legislation that could force Facebook CEO Mark Zuckerberg into mediation before he is allowed to buy real estate on Kauai island. read


WI: Family Law Mediators Can Draft Settlement Documents

The Wisconsin Supreme Court has approved a petition that will allow lawyer-mediators to draft and file settlement documents in family law cases. Currently, parties must obtain different legal counsel to perform those legal tasks after mediation. read


Mediation underway in lawsuit involving paralyzed Nashua football player

Mediation efforts are underway in an attempt to settle a lawsuit brought against the school district and two former coaches by a football player who was paralyzed during a 2010 practice. read


Unique Challenges to Mediating a Medical Malpractice Case

Mediating a medical malpractice case brings with it many challenges that are not present when mediating other types of cases. read


Productive Mediation of Liability and Coverage

Settlement of litigation cases prior to trial often requires resolving competing claims for insurance coverage and indemnification between some or all of the parties. Fundamentally, determining who has to pay to settle a suit can be as complex, if not more so, than the underlying dispute. read


Approaching Mediation From Another Vantage Point

Very few neutrals, arbitrators or mediators, however astute, can truly appreciate what a party is feeling in the midst of mediation or court mandated settlement conference. read


Mediation sought to resolve Conneaut Lake Volunteer Fire Department's bankruptcy

Conneaut Lake Volunteer Fire Department and its main creditor are headed to federal mediation in an effort to resolve the fire department's Chapter 11 bankruptcy case. read


Mediation to start Tuesday in Pinellas 50-year-old desegregation case

District officials and the lawyers for the plaintiffs in the federal case held informal negotiations for about four months, but agreed that they weren't making much progress. It was Guy Burns, the lawyer in a separate but related state case, that suggested the parties go to mediation, if only to speed things along. read


4 Things to Consider When Your Company is Ordered to Mediation

Mediation of employment matters is on the rise. When faced with an employment case, your company may be ordered to mediation or the court rules may require it. read


Law You Can Use: Ohio court of claims provides public records claims program

This program is meant to be “an expeditious and economical procedure” to resolve public records disputes, and mediation has proven to be a fast, nearly cost-free way to clear up misunderstandings, explore creative solutions, and reach compromises that satisfy both parties. read


The Mediation Toolbox: What's at Your Disposal at Every Step?

If you ask most people, they would likely say that lawyers are a necessary evil. If you ask most lawyers, they would likely say that mediation is a necessary evil. read


Mediation is an effective tool for elder family issues

Mediation, long considered to be an alternative to lengthy expensive divorce actions, can also be used in other contexts, notably where there is a dispute among adult children regarding frail, disabled and incapacitated parents. read


Sides in Helmerich Park dispute going to mediation this week

This aerial photo shows the proposed site of a development that may include an REI store near 71st Street and Riverside Drive, on land that is now part of Helmerich Park. read


BLM Land Dispute Continues With Mediation Session

Attorneys for the land owners filed suit against the BLM in 2015 over the seizure of 90,000 acres of private property along the Red River. If mediation is not successful, the case could go to trial in July. read


Guided Choice: Emerging ADR Trend for Construction Disputes

As you contemplate your New Year’s resolution, you should consider implementing Guided Choice as a means to resolve some of your company’s more thorny construction disputes. Guided Choice is an emerging trend in the resolution of complex disputes, and such process will save your company valuable time and money. read


E-cig patent lawsuits heading to mediation

One set of patent-infringement lawsuits addressing electronic cigarette technology is heading to mediation, according to legal filings Thursday. read


Family Business Mediation: Solving Legal Issues Without Going to Court

Mediation is often considered an excellent means of conflict resolution for personal or family disputes, but the benefits of mediation extend to more than just familial problems. In fact, mediation is oftentimes the best conflict resolution tool available for small and medium sized businesses. read


Puffery vs. Lying in Mediation

Both the common law and the Code of Professional Conduct frown upon lying in the context of the negotiation of a settlement of a dispute. However, not every "lie" is actionable. Some lies are OK. If the misstatement is mere "puffing" by the party or counsel, the law will look the other way. read


Judge heeds request from Gov. Snyder, OKs mediator in Flint water delivery case

A federal judge has appointed a "settlement master" to mediate a Flint water crisis lawsuit after an attorney for Gov. Rick Snyder requested it. read


Ireland: Lawyers will be forced to suggest mediation under new Bill

Minister’s proposed law would promote a cost-efficient alternative to court proceedings. read


Mediation has a place in the fight against scourge of homelessness

There are several initiatives in which mediation and the skills of mediation are being used as part of approaches to tackle homelessness and last week in Glasgow I came across another, at the Community Mediators Network.  read

December 2016

As foreclosure mediation program winds down, plans circulate to revive it

Nevada’s foreclosure mediation program, created at the height of the housing crisis to give borrowers a last chance to hold onto their homes, will accept its last enrollments at the end of this month. But lawmakers who say the program still has a place in a recovering Nevada are already making plans to ramp it back up again. read


Weeklong occupation of tribal headquarters ends peacefully

The weeklong occupation of a tribal government building by a faction of the Rhode Island Narragansett tribe has ended. Charlestown's police chief, the U.S. Interior Department and a nonviolence institute joined in the mediation talks. read


Want a public record? Consider mediation as a way of getting it.

If all you wanted for Christmas was a big stack of government documents and your wish was snuffed out by a Grinch-like public official, here is an opportunity for you to make peace. read


Alexa report shows as most "linked in" mediator directory enters its 22nd year as the most visited and utilized mediator directory on the planet. read


Center for Community Based Resolution lets parties solve their own problems

These days, a lot of minor crimes can be resolved without involving a judge or prosecutor. “We used to have a day each week dedicated to disposal and trial of those kinds of cases,” . . . “and since mediation, we’ve been able to cut that down to one half day of court to take care of cases that can’t be mediated.” read


The Value of Divorce Mediation

Instead of publicly battling each other in civil court or in front of the Beth Din, you can move forward in divorce mediation. read


Mediator to assist in federal lawsuit over Flint water

A mediator will be appointed to try to resolve some of the issues between parties calling for regular delivery of bottled water to certain Flint households and state officials. read


Why Mediation Works (99% of the Time)

As a mediator, I am not surprised by how much effort lawyers devote to picking the “right” mediator, even though a mediator does not make findings or rulings or enter awards. read


Mediation Perspectives Blog: Applying Mediation and Negotiation Techniques at the Family Dinner

Here is today’s question: How can basic mediation techniques help you to avoid fighting at your Christmas Family dinner? read


Monopoly Christmas helpline opens to prevent board game bust-ups

Studies found 51 per cent of Monopoly matches have ended in a feud. Monopoly chiefs have set up a Christmas hotline to prevent board game bust-ups over the festive period. read


Bill Usery, 92, union negotiator, former labor secretary

Bill Usery, an indefatigable and gregarious negotiator who helped avert or settle strikes by railway and postal workers, coal miners, and football players as a federal mediator and as labor secretary under President Gerald R. Ford, died Dec. 10 in Eatonton, Ga., He was 92. read


Expect More EEOC Mediation Under Trump Administration

The Equal Employment Opportunity Commission (EEOC) probably will rely more on mediation under the Trump administration, legal experts say. read


Rwanda: New app to boost land conflict resolution

The most common land related disputes that appear in the system include inheritance boundaries, divorce, land registrat, polygamy, land renting, ascending part, land transactions, expropriation, and genocide land related conflicts. read


Settlement reached in Port Ludlow timber harvest issue

After months of negotiations, Jefferson County and Port Ludlow Associates have approved a settlement agreement for contested timber harvests inside the Port Ludlow Master Planned Resort. read


In Memoriam: Well-Loved Mediator Bill Usery Dies at 92

On Saturday, Dec. 10, we lost America's premier labor negotiator, William Julian Usery Jr. He died in Eatonton, Georgia. He was 92. read


Mediation program has transformative affect on relationships

The On Track peer mediation program provides students with a voluntary way to resolve disputes where they meet and discuss the conflict in a private, confidential setting and develop a resolution while being supervised by fellow students, who have received specific conflict resolution training. read