Mediation News
June 2021
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’

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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.

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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.

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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.

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OGA extends UK offshore mediation trial

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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Rise in cases of judicial mediation in pandemic

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

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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

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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.

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Felony mediation popular option to unclog court system

With the announcement that in-person jury trials will resume in Scott County, many are wondering how the court system will keep up with an already massive backlog of cases, in part due to the COVID-19 pandemic. A popular method of tackling this case load is felony mediation, a form of alternative dispute resolute wherein an ex-judge will meet with defendants, prosecutors and clients in order to reach an amicable solution to the case.

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May 2021
5/25

North Kentucky Ave. Murder Case Could Be Resolved By Mediation

Attorneys are working on possible resolutions in the North Kentucky Avenue murder case. During the court appearance of Larayna and Anthony Manning, Larayna’s attorney Jason Pfeil told Christian Circuit Judge Andrew Self they are working on a felony mediation with the Commonwealth to discuss possible resolutions.

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Mediation continues in Idaho murder trial

SANDPOINT — Another round of mediation is planned in the case of the Coeur d'Alene woman accused of killing Shirley Ann Ramey in 2017. If a resolution is not reached through the mediation, Bonner County Prosecutor Louis Marshall said the first-degree murder case against Judith Marie Carpenter would be set for trial. Authorization for another round of mediation was ordered Tuesday. The court is allowing Carpenter's spouse and doctor to participate in the mediation talks.

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Triton's peer mediation program pivots during pandemic

Recognizing the social and emotional constraints that students have faced, Williams had mediators reach out to fellow students just to check in and serve as a source of encouragement amid a challenging year. "Essentially, we have been the shoulder to cry on or the hand that holds another hand to pull them along," he said.

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Getting to Yes: Ohio has been a leader in the development of Alternative Dispute Resolution
Mediation is just one form of alternative dispute resolution, or ADR, which simply are ways to resolve conflict outside the courtroom. Other forms of ADR include arbitration, settlement conferences, neutral evaluation and collaborative law. Ohio has been a leader in the development of ADR. It started here in the 1970s and today occurs at all levels of the court system. read more

 

Evictions are set to soon resume. State College is reminding residents they have options

As the Centers for Disease Control and Prevention’s moratorium on evictions is set to expire next month, the State College borough is reminding renters of different options if they’re behind on payments.

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Further evolution of remote mediation expected post-pandemic

A change in mindset about the way we approach dispute resolution methods will be one of the legacies of the Covid-19 pandemic, with remote mediation and other forms of alternative dispute resolution (ADR) expected to be here to stay.

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CDC and Florida ordered to mediation over cruise lawsuit

Florida and the US Centers for Disease Control and Prevention have been ordered into mediation over the state's claim that the conditional sailing order is unlawful.

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5/18

Mediator Mentor program allows for students to work with schoolchildren

Students have the opportunity to help schoolchildren develop conflict resolution skills through the College of Arts and Humanities’ Mediator Mentors program.

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An offer to mediate a heated battle between neighbors across racial and political lines in Harford County

“George Floyd was murdered, and I probably spent about five days in a funk after watching him be murdered,” Perkins said, with anger, sadness and vulnerability in his voice. Everything that followed — a profane confrontation with a Donald Trump-supporting, Confederate flag-flying neighbor; a fight with a postal carrier; a confrontation with another Trump supporter from around the corner; a couple of nights in jail — flowed in some way from Floyd’s death and Perkins’ anger about it.

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Corporate counsel endorse mediation push

External counsel need to open their minds to the benefits of alternative dispute resolution and the commercial realities faced by their clients, according to a panel of corporate counsel at London International Disputes Week.

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Mediate, Not Litigate

Your client just received a demand letter, or conversely your client wants to file a lawsuit against an adverse party. Often, the best time to resolve disputes is before the parties engage in litigation.

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Judge Orders Mediation in Florida's Cruise Lawsuit Against CDC

In the latest development in Florida's lawsuit against the U.S. Centers for Disease Control and Prevention, in which the state sought an immediate injunction allowing cruises to begin, a U.S. District Court Judge in Tampa sent the case to mandatory mediation -- effectively telling the two sides to work out their differences.

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5/11

Courts don't hold monopoly on dispute resolution, lawyers say

With courts at a virtual standstill and an ever-increasing backlog of cases, local lawyers are suggesting this is a good time to embrace alternative approaches to reaching resolutions in conflicts.

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Lawsuit over solitary confinement in limbo as state pushes for mediation

Attorneys for prisoners want the lawsuit to go on. A federal judge heard arguments Thursday.

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How the Army Mediation Service is advancing on conflict

An in-house mediation service in the British Army has resolved hundreds of issues before they escalated to a formal complaint. Lt Colonel Jonathan Buxton tells Personnel Today how the organisation has transformed its approach to dealing with conflict and is embedding a culture of listening and resolution.

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Judge extends mediation deadline in Tennessee Riverkeeper, 3M lawsuit

A federal judge has extended a mediation deadline in an ongoing lawsuit between Tennessee Riverkeeper and 3M. The lawsuit, filed in 2016, alleged 3M and other chemical makers polluted the Tennessee River and should clean it up. This week’s order extends the stay in the case until June 4. It says although the negotiations were proceeding on schedule, the case has various technical and other difficulties that require more time.

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Preparing Clients for Productive Mediations

There are three opportunities for a mediator to assist: the “assignment” suggested at the pre-session call with the attorneys, the “warning” given during the preliminary remarks at the session, and the “acknowledgement” when the bargaining begins.

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Pensacola will enter mediation over Confederate monument removal lawsuit

Pensacola and several groups that sued the city last year to stop the removal of the Confederate monument will hold mediation to attempt to settle the ongoing lawsuit over the monument's removal.

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5/04

Where Do We Go From Here? The Future Of Virtual ADR (Podcast)

In this podcast, these neutrals reflect on the transition to virtual mediation and discuss the benefits of virtual proceedings, offer insights to ADR professionals who are entering the virtual sphere and share their perspectives as to what we can expect from the industry when the pandemic is over.

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10 reasons to consider judicial mediation in an employment tribunal

With organisations and claimants often waiting months and years for an outcome at an employment tribunal, judicial mediation could help both parties reach a settlement much sooner than they would if their case progresses to a final hearing. Alan Lewis highlights some of the benefits.

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When is mediation the right move? Former U.S. magistrate judge weighs in

Through no fault of your own, you are involved in litigation. Let’s face it: If you could have prevented this, you would have. But, now that you’re here, let’s talk about a potentially more efficient way to bring closure to the issue and get back to work. And you already know what I’m going to say: mediation or arbitration or, as they are both known, Alternative Dispute Resolution.

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The Masked Mediator - A Personal Account of an In-Person Mediation

In March of this year, I was very happy to be contacted by NAM to see if I was willing to do an in-person mediation in approximately six weeks. I had just received my first vaccine and would be fully vaccinated by the mediation date. I could not agree to the assignment fast enough.

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Washington, AU step up mediation efforts to resolve Nile dispute

US Special Envoy for the Horn of Africa Jeffrey Feltman is beginning an African tour that will take him to Egypt, Eritrea, Ethiopia and Sudan from May 4 to May 13.

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Mediation between Carnival and Ruby Princess class action lawyers in August

Carnival executives will have mediation with Vicky Antzoulatos, who is leading the Ruby Princess class action for Shine Lawyers, and her team on August 26.

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April 2021
4/27

Inslee appoints Nancy Retsinas to Clark County Superior Court bench

Gov. Jay Inslee has appointed mediation attorney Nancy Retsinas to replace Clark County Superior Court Judge Daniel L. Stahnke. Retsinas founded Retsinas Collaborative Law Center, located in Vancouver, in 2015. She has served largely as a mediator for the last six years, assisting families with navigating ante-nuptial agreements and marriage dissolutions.

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Portland to pilot landlord-tenant mediation in effort to avert evictions

The program is expect to provide between 70 and 100 mediations in the pilot phase. Portland’s City Council approved funding Wednesday for a pilot program to divert a small number of tenants and landlords from going to court over eviction filings. The council will pay for a mediator and, in some cases, provide rent assistance.

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