Mediation News
December 2020
12/01

Today’s Business: Refining the process of alternative dispute resolution during a pandemic

With the COVID-19 pandemic, the world has changed, and the Alternative Dispute Resolution process along with it.

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Resolving Employment Disputes through Mediation
From health and safety concerns of the COVID-19 pandemic, to systemic discrimination issues amidst the Black Lives Matter movement, to continued fallout from the #MeToo movement, employers are currently facing a unique environment that is both increasing the number of workplace disputes and changing how they handle the disputes.

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WIPO Arbitration and Mediation Center Registers Its 50,000th "Cybersquatting" Case

The WIPO Arbitration and Mediation Center on Monday announced it had registered its 50,000th "cybersquatting" case. The 50,000th case just received by WIPO coincides with the organization's 20th anniversary on November 20, 2020.

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Mediation and the art of managing emotions

It never ceases to amaze me how often parties say that their emotions play no part in a dispute.

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November 2020
11/24

J&K High Court concludes Online Mediation training sessions
Mediation and Conciliation committee of High Court of Jammu and Kashmir today successfully concluded 40-hour online Mediation training sessions for judicial officers of Jammu, Kashmir and Ladakh.. Mediation training must for making judicial system more effective: Chief Justice read more

 

Virtual Mediations Are Fairly Effective

Virtual mediations have been fruitful for a number of reasons.
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Scotland: Landlords promote early communication and mediation to solve Covid rental issues
SCOTLAND’s largest landlord membership organisation has urged landlords and tenants to work together to sustain tenancies at risk due to the Covid-19 pandemic and ensure tenants access all available support to pay their rent.

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‘It’s a conversation’: Philly’s alternative to landlord-tenant court is preventing eviction

When Philadelphia enacted the Emergency Housing Protections Act this summer, it mandated that landlords had to use the new Eviction Diversion program through the end of the year for tenants experiencing hardship because of the pandemic.

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Russia’s Children Ombudsman urges mandatory pretrial mediation in family disputes

MOSCOW, November 23 (RAPSI) – Introduction of the procedure of mandatory pretrial mediation in civil cases relating to family law and development of territorial conciliation services are to facilitate readiness of citizens to negotiate and save families from disintegration, Russia’s Children Rights Commissioner Anna Kuznetsova believes.

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Why Mediation Is the Holy Grail for Health Care Disputes

In health care cases, whether the dispute is between a health care system and an insurance company or a hospital and a physician, the patients are the ones who are most affected. How can solutions be tailored to allow for optimal patient care?

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Potential flood of eviction cases could be too much for county mediation program

A county program providing free mediation services to tenants and landlords has an uncertain future.

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Making Peace: Mediation as an essential tool for modern commercial dispute resolution

UK: It is common for commercial dispute lawyers to be described as 'litigators', but the skills and tools employed by the modern dispute resolution lawyer are far more versatile than that label suggests.

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11/17

Jamaican Courts Switching To Mediation, Restorative Justice.

Jamaica’s Justice Minister, Delroy Chuck has said that the Holness government is looking to strengthen the use of mediation and restorative justice to settle minor and in some cases complex matters, without going to court.

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Tenants and landlords in Spokane County can access a mediator and rental assistance before the eviction moratorium ends

The end of 2020 is looming as the end of forgiveness for tenants who owe back rent to landlords, and court officials are pushing mediation to avoid a litigation logjam.

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Justice of the Peace Court launches online mediation portal

WILMINGTON — The arrival of a new pathway to resolve disputes without entering a courthouse was well-timed, Justice of the Peace Court Chief Magistrate Alan Davis said this week. Launched on Nov. 2, the Online Dispute Resolution system allows landlords, tenants and mediators to connect virtually to begin the process of settling their matters.

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Six Ways to be a Better Mediation Advocate - End of a Mediation

Here are six things skilled mediation advocates do at the end of a mediation in the event of no settlement.

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Greece: New unarmed police unit to patrol rallies, mediate with march organizers
A new police unit was activated on Tuesday whose job will be to manage and ring-fence low and medium risk protest rallies, Greek Police (ELAS) said. read more

 

How Simple Mediation Skills Can Bring Peace After The Election

These conversations are challenging and they can be even more challenging when people look to you to play the role of unofficial mediator.

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11/10

Delaware Court Routes Disputes Through New Online System

The Justice of the Peace Court's online dispute resolution system is now mandatory for all parties with landlord-tenant disputes filed since July 1 and is expected to eventually open to litigants in debt cases and later all the approximately 35,000 civil cases filed with the court each year.

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The challenges and benefits of in-person and remote mediation

Amanda Bucklow has been using Zoom to conduct mediation for years. She considers the advantages and drawbacks, the impact of the coronavirus (COVID-19) pandemic, and tips on how to make the most of remote mediation.

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Why to Incorporate a Mediation Step Into Grievance Procedures Under Collectively Bargained Contracts

I recommend requiring mediation for: 1) Reaching speedier resolutions, 2) Lowering costs, and 3) Involving a neutral party in guiding disputing parties in working collaboratively to reach a mutually agreeable resolution.

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Mediation: An alternative to the backed-up courts

New Jacksonville Bar Association program will send volunteer attorneys to help parties resolve civil disputes.

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Mediation needed to resolve gender discrimination and sexual exploitation in sports: Justice Sikri

He said neither the courts, that is litigation, nor arbitration that can deal with it effectively and mediation was needed for that.

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"A good settlement is better than a good lawsuit" - International Mediation Week

This week we mark International Mediation Week which provides a useful opportunity to consider what role mediation plays in commercial disputes and reflect on how that role has changed in recent years.

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11/03

Legal Malpractice Ideally Handled in Pre-Suit Mediation

For a lawyer eager to keep malpractice allegations private and to put their perceived shame behind them, pre-suit mediation can be a huge stress-reliever.

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Editorial: Choose mediation for rent disputes

An emergency proclamation prompted by COVID-19’s public health threat and issued by Gov. David Ige in April established a ban on residential eviction, which is now slated to expire Nov. 30. For cash-strapped renters, the moratorium can serve as a window to stabilize household budgets upended by coronavirus-related setbacks.

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ACCORD highlights the urgency of increasing women’s participation in mediation

On the eve of the 20th anniversary of the United Nations Security Council Resolution 1325 (2000) on women, peace and security (UNSCR 1325), Ms. Pravina Makan-Lakha, General Manager and Advisor on Women, Peace and Security (WPS) participated in the online virtual dialogue titled, “20 years of African Women’s Participation in Women, Peace and Security: Civil Society Perspectives.”

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Mediation ordered in Hot Yoga lawsuits

A deadly shooting at a yoga studio stunned Tallahassee two years ago. FSU student Maura Binkley and Capital Health Plan’s Chief Medical Officer Nancy Van Vessem died after a man opened fire during a Friday evening class.

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In 2020, St. Louis Mediation Project Is A Lifeline For Tenants, Landlords Alike

People seeking help from the St. Louis Mediation Project, which primarily serves St. Louis County, may call 314-833-0226 or email coordinator@stlmediationproject.org.

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October 2020
10/27

Free mediation now available in Vermont for tenant-landlord disputes

Tenants and landlords in Vermont now have a free mediation service to help them navigate the state's COVID-related moratorium on evictions.

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Bedrooms, Bookcases or Beaches: Choosing and Organizing Your Background with Purpose

Today’s post continues to explore how best to present yourself in a virtual mediation. Specifically, I address the risks and opportunities of using a virtual or actual background and provide practice tips on how to present yourself as professionally and persuasively as possible.

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Mediation set to begin in late University of Michigan athletic doctor sexual abuse case

ANN ARBOR, MI — Mediation is set to begin between lawyers representing the University of Michigan and victims of alleged sexual abuse by late athletic doctor Robert Anderson.

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Chiefs urge mediation for snow crab fishing rights

Indigenous leaders say they'll drop court action if government agrees to mediated settlement

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Behind the global ceasefire call: 75 years of UN mediation, preventing conflict, promoting peace
When Member States signed the United Nations Charter 75 years ago, it was to prevent more existential conflicts and save succeeding generations from a third world war. Conflict prevention is part of the Organization’s DNA and remains a central priority today, a guiding principle behind the UN Secretary-General’s current call for a global ceasefire during the coronavirus pandemic.

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Mediation and Restorative Justice programs celebrate 20 years

Mediation in Fort Collins began many years ago when a Vista volunteer started a small grant-funded program to help neighbors in conflict.

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Ice-T-Hosted Virtual Legal Show ‘The Mediator’ To Get Limited Run On Fox TV Stations

The Mediator with Ice-T, a weekday, half-hour legal series hosted by the veteran rapper and actor, will get a limited four-week run on Fox-owned stations, including stations in New York and Los Angeles, premiering in March 2021.

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10/20

The Growing Appeal of a Multi-Stage Mediation Process
Scholars and mediation practitioners have begun to question whether a multi-stage mediation process, in which discrete parts of the mediation are tackled at different times, might offer a better approach, at least in some cases. read more

 

How do you ensure you choose the right mediator for your case?

Fundamentally, be curious and exploratory. Ask for recommendations from colleagues, people who have mediated before and/or an independent dispute resolution provider.

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Tips for Maximizing Your Virtual Mediation Experience

Attorneys involved in virtual mediation need to carefully plan their online video calls for even mundane things like deciding who will be on camera, how to virtually break for lunch, and how to know when a mediator “enters a room,” say attorneys from Nutter’s litigation department.

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How does BigLaw Resolve Commercial Litigation Cases in Mediation?

The short answer to this question is “by preparing their cases thoroughly.” However, like most things in life, the true answer to resolving commercial litigation cases lies in the details.

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Mediation Strategies to Overcome Bias, Prejudgments and Assumptions

One of the bedrocks of our profession is the ability to help those who are most in need, without regard to race, gender, socio-economic status or the like.

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Seven Ways to Successfully Prepare for your Mediation

Entire books could – and have – been written about how to be successful in commercial mediation, or any negotiation for that matter. But here are seven, straightforward tips that you can follow to maximise your chances of getting a good deal in mediation before you even sit down at the table. These tips apply equally to online and face-to-face mediations.

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What’s So Different About Class Action Mediation?

So, what makes mediating a class action different from mediating an individual case? Plenty. Here are some of the key differences.

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Community Information Session and Free Mediation Services Through City Partnership with Straus Institute for Dispute Resolution

On Tuesday, October 20, 2020 at 12:00 pm, the City of Santa Monica will collaborate with the Straus Institute at Pepperdine Caruso School of Law to host a community information session about using mediation to resolve rental disputes in connection with COVID-19.

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10/13

Mass Governor launches eviction diversion program
Gov. Charlie Baker unveiled a court-based initiative aimed at keeping tenants in their homes while providing support to financially strapped landlords as the commonwealth’s pause on evictions and foreclosures implemented due to the COVID-19 pandemic expires on Oct. 17.

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Should I Mediate With My Employer Over A Dispute?

In any dispute, it is crucial to address both party’s questions and concerns. However, this is especially true in disputes involving an individual and their employer.

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Virtual Mediation - Has it Changed How We Mediate?

In all of my online mediations, I have conducted private sessions with the teams before the joint session day. This has helped teams work together, get to know me and be better prepared for the joint session day. Working more proactively with each team and getting to know them before the more intense mediation day has been one of the real positives of this difficult time.

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UK: Mediation Law During the COVID-19 Pandemic

The dispute resolution world awaits the first manifestations of COVID-19 litigation, starting probably with the interpretation of business interruption clauses in business insurance policies.

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The Growing Appeal of a Multi-Stage Mediation Process

Scholars and mediation practitioners have begun to question whether a multi-stage mediation process, in which discrete parts of the mediation are tackled at different times, might offer a better approach, at least in some cases.

read more
 
10/06

Business leaders call for greater use of mediation to help clear pandemic-induced court case backlog

The group of 12 organisations says this would help to ease growing pressure on the court system

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