Mediation News
February 2020
2/25

Tips for a Successful EEOC Mediation

After an EEOC charge is filed, the EEOC may elect to hold mediation at their offices if both parties are willing. Mediation may resolve the dispute without the need for litigation. To improve the chance of a successful resolution, both parties need to have reasonable expectations, come prepared, and consider factors other than monetary terms.

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Can opening statements for mediation be skipped? Tips for attorneys and mediators

There has been a lot written recently about how to start a mediation: with or without opening remarks by the participants, and with or without an opening statement by the mediator. 

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A Goldilocks Approach for Mediation Standards

When Frank Sander proposed the “multi-door courthouse” at the Pound Conference in 1976, he probably could not have imagined how widespread the use of mediation would be today in the United States and around the world.

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Re-imagining Conflict Mediation and the Role of Religion

This winter, Seton Hall's Center for Peace and Conflict Studies hosted a delegation of officers from Zurich's Center for Security Studies, who challenged the Seton Hall community to reimagine conflict resolution approaches with religious dimensions.

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UN Convention that promotes mediation to resolve trade disputes moves closer to entry into force

Singapore and Fiji have become the first countries to ratify a UN treaty that promotes mediation as an alternative and effective method for resolving trade disputes, thus marking an important step towards its entry into force.

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Mediation: Don’t Just Mail It In

Mediation requires preparation, and not just in preparing a mediation statement for the mediator's utility. There are two things specifically that attorneys should do in most cases prior to the mediation.

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2/18

Mediation Can Be an Especially Effective Tool in Business Divorce Litigation

Mediation can be a very effective way to avoid substantial legal fees and costs in any litigation, but this settlement tool can be especially effective in business divorce litigation.

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Shaheen Bagh protesters mull strategy to talk to SC-appointed mediation panel

Protest organisers held multiple meetings to decide who should represent them at talks and whether a section of the road should be cleared to prevent traffic jams.

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A rundown of common mediation mistakes

Unrealistic expectations make for a lengthier, bumpy process.In many cases, lawyers are failing to use mediation effectively and doing a disservice to their clients.

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Mediation Spares Tenant Court Fight

Dara Rose has a month to move out of her Mandy Management-owned apartment in Newhallville — and she is happy about that, after fighting her eviction in court.

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The U.S. Department of Justice is trying to mediate the Civil Rights Commission dispute. That effort's now in jeopardy.

The public revelation of a confidential meeting to resolve the membership dispute on the Civil Rights Commission is unraveling a last-ditch effort to settle the conflict out of court.

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America’s Cup: A successful mediation

Following a successful mediation, the America’s Cup Defender and Challenger of Record have come to an agreement on the Match Conditions for the 36th America’s Cup presented by Prada.

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Mediation ordered in tribes’ request for compact interpretation

OKLAHOMA CITY – A federal court has ordered mediation in the case of the Cherokee Nation and four other tribal governments in Oklahoma that requested a legal determination of whether the tribes’ gaming compacts with the state have expired.

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Presidio trains new collateral mediators

PRESIDIO OF MONTEREY, Calif. – The Army’s top conflict resolution specialists descended upon the Presidio of Monterey Equal Opportunity Office to certify the post’s newest batch of collateral duty mediators last month. “We’re doing a 40 hour course in basic mediation training,” said Marc Van Nuys, the Army’s director for alternative dispute resolution out of Arlington, Virginia and head instructor for the training team. “The focus is on workplace disputes.”

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Bankruptcy court approves McClatchy’s mediation request, fueling hope of resolution

A federal bankruptcy judge on Tuesday ruled that McClatchy Co. can enter mediation with its creditors in two weeks, keeping alive hopes of a timely restructuring of the nation’s second-largest local media company while giving a key government agency time to look into a transaction it has questioned.

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2/11

OGA Launches Mediation Pilot for License Disputes

The UK’s Oil and Gas Authority (OGA) has revealed that it has launched a year-long UK Continental Shelf (UKCS) “mediation pilot”.

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Getting a divorce? Consider mediation or ‘collaborative divorce’

The start of the year is a popular time for couples to meet with lawyers as they contemplate divorce. Rather than opt for costly and drawn-out litigation, many are turning to alternatives such as mediation or what’s known as collaborative divorce.

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Mediation Likely for Suit Over Counsel Interference at Brooklyn Jail

MANHATTAN (CN) — A year after an electrical fire cut off power and forced a Brooklyn detention center into lockdown, the Second Circuit appeared inclined Tuesday to let the parties mediate a suit over access to public defenders.

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Mediation program for Kan. farmers eyes transition

MANHATTAN, Kan. — A program that has its roots in helping Kansas farmers through the 1980s farm crisis and which has helped thousands of farmers since then is in transition.

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Judge sends gaming dispute to mediation

OKLAHOMA CITY – Gov. Kevin Stitt and leaders of several tribal nations in Oklahoma expressed hope on Tuesday that mediation ordered by a federal judge could lead to potential resolution of a dispute over casino gaming operations in the state.

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2/08

Lockport students show support for popular peer mediator

About 150 North Park students break from class to honor Cheatham, a General Motors retiree who has been employed by Lockport City School District for 14 years, had asked district administrators to approve a change in his status from full-time to part-time, in consideration of his age, 62, and the fact that he can't earn more than a certain amount of income without being penalized by Social Security Administration.

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Congress revives surprise billing debate with proposal for 'mediation'

A major House committee has unveiled largely provider-friendly legislation to tackle surprise medical bills. The House Ways & Means Committee released the legislation on Friday as a bid to end an impasse over how to handle surprise billing with a proposal to use a "mediation" process to handle disputes.

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Law Society plans mediation clause in property template

Singapore: THE Law Society plans to insert a clause into its widely-used property transaction agreement template to make mediation the first port of call for parties to resolve disputes.

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Conditional And Alternative Demands/Offers Can Often Make The Difference In Mediation

Sometimes traditional demands and offers do not allow parties the flexibility to explore the other side’s tolerances before striking an impasse in the negotiations.

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'Grandview Five' case headed to mediation, parties say

The Pennsylvania Human Relations Commission has apparently found probable cause that discrimination was evident in the 2018 incident at Grandview Golf Course, an incident that made waves nationally, according to those on both sides of the matter.

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2/04

Judge orders mediation to end stalemate over former GM plant site

INDIANAPOLIS — There could be progress in efforts to end the complicated legal stalemate over valuable land just southwest of downtown Indianapolis where General Motors once had its stamping plant.

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Mediation expected in Alabama Democratic Party dispute

The two sides in a dispute over the leadership and governance of the Alabama Democratic Party will go to court-ordered mediation next week.

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Lawsuit over popular ‘S-Town’ podcast headed to mediation

A lawsuit over the hit podcast “S-Town,” which tells the story of a man’s troubled life and death in rural Alabama, is headed to mediation.

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January 2020
1/28

Former Highlands principal’s federal lawsuit going to mediation

A former Highlands School District principal’s federal lawsuit against the district is going into mediation, according to court records.

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Mediator declares impasse in hospitality fee case; Horry County, Myrtle Beach fire back at one another

A court-appointed mediator has declared an impasse in the ongoing dispute over hospitality fees between Myrtle Beach and Horry County, and the city is ready to head to court.

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Judiciary collective bargaining teams headed to mediation

On January 22, 2020, the collective bargaining team representing the Vermont Judiciary declared that it had reached an impasse in its negotiations with the Judiciary unit of the Vermont State Employee’s Association.

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Mediation this week in child-dragging case

The case of a former teacher accused of dragging an autistic boy through school hallways is scheduled for mediation this week, according to the former teacher’s attorney.

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Top New York Bankruptcy Judge Pushes Mediation For Student Loans

A program in the New York bankruptcy courts targets student loan debt disputes by bringing both sides to the table

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1/21

Tips for Mediation of the Toughest Construction Disputes

Settlement of a complex construction dispute at mediation can mean the end to sleepless nights. Resolution at mediation avoids the unpredictable risks and inordinate costs of seeing a dispute through to the merits.

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10 Mediation Tips for Settling Business Disputes

A neutral third party has a lot of work to help them sort out the situation. Their goal is to help the two businesses find a solution that helps them maintain the ongoing relationship.

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Striking snowplow drivers, Minnesota county resume mediation

Biden expresses support for St. Louis County workers in tweet

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UK: Separating couples: what is mediation and why try it first?
What is a Mediation Information and Assessment Meeting and why should it be your first port of call when you separate?

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Misconceptions and Benefits of Family Law Mediation

Mediation provides divorcing spouses and separating parents with the opportunity to take control of their future by investing their time and energy in resolving these issues without the necessity of litigation.

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‘Windy City Rehab’ host wants homeowner lawsuit dismissed in favor of mediation

Attorneys for “Windy City Rehab” host Alison Victoria Gramenos are asking a Cook County judge to dismiss a lawsuit brought by a North Side couple unhappy with their home purchase so the issues can be worked out with a mediator. Gramenos has also expressed interest in buying back the home herself.

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Nonprofit view: Don’t wait for a conflict to get out of hand — use mediation

Too often people in conflict believe their conflict has to reach epic proportions before seeking a dispute resolution process such as mediation, or they believe a situation might be too far gone to resolve.

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1/14

France, Germany, UK Blame Iran for Violating Nuclear Deal, Trigger Mediation

France, Germany, and the UK announced they have triggered a formal dispute resolution process in response to Iranian violations of the 2015 nuclear deal, according to statements released by European diplomats on Jan. 14.

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Mediation ordered in U.D.-Clifton middle school fight

MEDIA COURTHOUSE — Clifton Heights Borough and the Upper Darby School District have agreed to participate in at least five sessions of non-binding mediation to work out their intergovernmental dispute about building a new middle school in the borough.

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State, in Mediation, Seeks Six Years for Ethiopian Israeli Protester Who Torched Police Car

The state has charged a man who allegedly torched a police vehicle during a protest in July against the shooting death of Ethiopian-Israeli Solomon Teka by an off-duty policeman. In a preliminary mediation hearing, the state said it may seek a six-year prison term, as the defendant had prior convictions.

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1/06

What Does it Mean to Have “Settlement Authority” at a Mediation?

Local rules implementing alternative dispute resolution procedures typically provide that mediation attendees must have “settlement authority.” But what exactly does that term mean?

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Volunteer mediators help decrease court caseload

Resolving disputes between families, strangers or business professionals is a joy for Cleveland County mediation volunteer Judy Knapp. At the same time, it's a public service that benefits the county's judicial system.

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Christian school, Florida athletic association to explore mediation in prayer dispute
The two sides in a 2016 lawsuit over school prayer will next consider mediation to decide whether religious schools can broadcast prayers over loudspeaker systems during football games or other athletic contests. read more

 

The Future of Mediation in Trusts and Estates

In this Trusts and Estates law column, C. Raymond Radigan and Lisa Fenech discuss a new mediation initiative that is helping to resolve the logjam within the courts. Practitioners should be aware of this plan, and the ways it may help their clients resolve family disputes in a more efficient manner.

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Texas’ System for Mediation, Arbitration of Medical Billing Disputes Now Available

The Texas Department of Insurance says its Independent Dispute Resolution portal for medical billing disputes went live on January 1.

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China to promote mediation in price dispute settlement

BEIJING, Jan. 6 (Xinhua) -- A guideline has been introduced to promote the role of mediation in settling price-related disputes, the Supreme People's Court (SPC) said Monday.

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Between U.S. and Iran, EU Powers Try Mediation and Pressure to Ease Crisis

LONDON/PARIS/BRUSSELS — Germany, Britain and France are scrambling to keep talks with Iran over its 2015 nuclear agreement alive despite Tehran having all but torn up the deal after the United States killed its top military commander.

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