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6/17
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When mandatory arbitration replaces litigation, consumers lose
Legislation that would eliminate required arbitration for employee, consumer and civil rights disputes was proposed last month. It should be passed. Congress must act to restore fairness.
Big business and corporate money, along with a corporate friendly Supreme Court, have been enough in the past to defeat efforts to bring fairness back to the arena of routine consumer and employee rights. Unfortunately, the same thing is likely to happen again, and the Arbitration Fairness Act of 2013 that has been introduced in the House (and a similar bill in the Senate) will likely fail. read -
Arab-jewish Peace Talks Will Start Next Week in Rhodes, U.N. Mediator Announces
After an all-day conference in Cairo with the political committee of the Arab League, Count Folke Bernadotte, U.N. mediator for Palestine, informed the Secretariat here that the work of mediation and negotiation between Arabs and Jews will begin next week on the Greek island of Rhodes. read
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Ag mediation services available
On the face of it, the drought and late freeze in Kansas have been plenty hard enough, but the difficulties don't end with smaller yields and lack of forage. They sometimes mean struggles when the bills come due. To help farmers and ranchers, as well as lenders, work through legal and financial issues, the Kansas Agricultural Mediation Services offers free or low-cost services to farmers, ranchers and others. read
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Is Nevada's foreclosure program effective?
Metrics that evaluate Nevada effort being made public - slowly. Eight months after a Reno Gazette-Journal article raised transparency concerns about the state’s foreclosure mediation system, administrators for the program have started to release more data to the public. read
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Kilmarnock: Fans group offers mediation with chairman
Supporters Direct Scotland has offered to mediate between Kilmarnock fans and club chairman Michael Johnston over the future direction of the club. read
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Yachting: Kiwi to mediate in Cup row
A New Zealander is one of two sailing experts on the mediation panel which will try to get the warring America's Cup teams in San Francisco to agree on how and when the regatta will proceed - but the whole process could take at least another week. read
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New Mediation Program to Resolve Employment Discrimination Disputes Faster, Save Time and Money for All Parties
The Pennsylvania Human Relations Commission has launched a mediation program to resolve employment discrimination complaints within a short timeframe. Trained, neutral mediators will guide the process, which aims to produce settlements agreeable to both parties.
"With mediation, everyone gets relief faster," Commission Chairman Gerry Robinson said. "People who believe they have been wronged, as well as employers facing complaints will get conflicts resolved faster, avoiding lengthy investigations, costly hearings and potential court filings."
There is no cost to those who choose mediation as a way of resolving their disputes, and they do not need to hire an attorney. The process is confidential. read
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Sudan agrees to AU mediation
The Sudanese government said it has no objections to meeting with African Union leaders to find a solution to outstanding issues with South Sudan. read
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Mediation Sought for Penn State Sanction Funds
State Senator Jake Corman (R-Centre) and State Treasurer Rob McCord have asked Commonwealth Court to place their lawsuit against the National Collegiate Athletic Association (NCAA) into mediation, in the hope of deciding the use of Penn State University sanction funds as soon as possible. Their request, filed with the court yesterday afternoon, came after they received an exchange of correspondence from legal counsels for Penn State and the NCAA. read
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Brooklyn becomes first borough to require mediation in civil cases
Brooklyn Supreme Court ushered in a new project Thursday requiring all civil cases to pass through a mediation process before proceeding to trial. The first of its kind, the mandatory mediation project hopes to alleviate some the costs and other strains that civil litigation places on Brooklyn’s court system.
“Brooklyn has over 54,000 cases pending which is more than any other county in New York” Hon. Lawrence Knipel, Brooklyn Supreme Court administrative judge for civil matters, told the Brooklyn Daily Eagle. “Mandatory mediation will hopefully reduce to time and financial costs of a trial not only for the county but for the attorneys and parties involved.” read
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Mediation Underway in Dorner Mistaken Identity Shooting
A man mistakenly shot at by police during the manhunt for ex-police officer Christopher Dorner entered into mediation talks with attorneys for the city of Torrance Thursday. David Perdue, 38, was mistakenly shot at by Torrance police on Feb. 7 when officers rammed his pickup truck and then opened fire, according to his attorney. read











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Arbitration Means Never Having To Say You're Sorry
Monday’s U.S. Supreme Court decision in Oxford Health Plans LLC v. Sutter was to be the Supreme Court’s definitive holding that class relief cannot be imposed if an arbitration agreement does not expressly permit class relief. Employers salivating to hear from Oxford Health that their arbitration agreements are class-action-proof, however, were bitterly disappointed. A (rare) unanimous Court resolved the case on a simpler principle: when you ask for arbitration, that’s exactly what you get. If, after the fact, you don’t like what you asked for, tough. read
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Redwood City Police Chief Identifying New Ways To Resolve Conflict
Redwood City's police chief, a Stanford Law School expert, and a local attorney will participate in panel discussion in San Mateo Thursday to focus on ways to manage conflicts. read
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Transforming a university conflict into a student development platform
In this article, Shahbaz Israr Khan tells the story of how the student council of Gomal University was formed to mediate a conflict between two student societies, and eventually became a way for students to break down the barriers between them and play a meaningful role in the administration of the university. read
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Mediation is an option for homeowners facing foreclosure in DC
Are you a District of Columbia homeowner facing foreclosure? If so, the city has a foreclosure mediation program that could help you save your home. This program lets homeowners and lenders discuss alternatives to foreclosure face-to-face. They reach agreement on average 80 percent of the time. read
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Mediation with transgender footballer is working, the AFL says
MEDIATION with a transgender footballer who has been ostracised by her club since she was vilified by players and spectators has made "significant progress towards resolving the matter" according to the AFL. "I cannot stress enough that there is absolutely no place for any form of vilification in our game - Tom Harley
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Corporate Counsel: To Mediate, or Not To Mediate?
I'm a mediator of business disputes. But no one ever asks me whether or not they should mediate their dispute—by the time they get to me, they've decided to go ahead. Still, I have the nagging suspicion that plenty of cases don't get this far, because one or both of the disputants has decided not to mediate. So, I'm going to pretend that someone—namely, you—has actually come to me seeking advice on whether or not to mediate a particular dispute. read






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A Terrorist's Chutzpah
Mediation session held between terrorist who planned Rabbi Ovadia Yosef's murder, and Arutz Sheva. It's far from being over. A mediation session was held between the lawyer representing terrorist Salah Hamouri, who plotted the murder of Rabbi Ovadia Yosef and was released from Israeli jail in the Schalit deal, and the representatives of Arutz Sheva. Hamouri sued Arutz Sheva, claiming that the website reported that he told the Reuters news agency, immediately after his release, that “Rabbi Yosef deserves to die.” This report, he claimed, “damaged his reputation.” The mediation process was decided upon by the court and the contents of the sessions are therefore secret. read

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Sex-tape lawsuit sent to mediation
The lawsuit centered around a tape featuring a Lowell woman allegedly having sex with a Buddhist monk is headed to mediation. All the parties in the lawsuit Maya Men filed against five men she alleges either produced or distributed the tape of her having sex in a North Chelmsford temple agreed Wednesday in Lowell Superior Court to seek time with a mediator in hopes of settling the suit. read
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Credit card binding arbitration system crumbling
2nd arbitration firm pulls out; Chase will no longer participate read
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Arbitration ruling gives power to arbitrators
Justices leave it to arbitrators to determine if contract allows classwide relief. Supreme Court rules arbitrator did not exceed authority in allowing class arbitration read
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Civil and commercial mediation in Portugal: new legal principles and rules
On May 18th, 2013 the Law nr. 29/2013 concerning new general principles applicable to mediation conducted in Portugal and the legal regime for civil and commercial mediation entered into force. This new set of rules is intended to ease the flow of lawsuits piling up at the Portuguese courts and is another step in the reformation process Portugal is undertaking among the Judiciary, as recommended by the European Commission and other bodies. read
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California thumbs nose at Federal Arbitration Act -- again
The California courts say they like arbitration. But they don’t like the Federal Arbitration Act. Not one little bit. Especially that part about the FAA requiring that “private agreements to arbitrate are enforced according to their terms,” and barring any state rule that “stands as an obstacle to the accomplishment and execution of the full purposes and objectives” of the FAA. You see, California prides itself on its public policy, and it doesn’t like to see the “supreme law of the land” get in the way. read
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The arbitration from hell
Supporters of arbitration as a form of dispute resolution point to its many advantages. These include quicker resolution, finality and use of an impartial arbitrator. There are many arbitration proceedings in which these advantages are well-illustrated. But one of them was not the arbitration in Thomas Kinkade Company v. White and Lighthouse Galleries. read
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Mediation ordered for AFL and transgender player
AFL Broken Hill has been criticised by state authorities over its handling of a vilification incident. Transgender footballer Kirsti Miller complained to her club five weeks ago that she had been vilified by players on field. But Miller left the South Broken Hill women's team in disgust after being reprimanded for speaking about the matter in public. AFL NSW-ACT say the complaint was poorly handled, and has ordered mediation. read
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Nazi-Naming Dad Fights for Right to See His Son
Heath Campbell, head of pro-Nazi group "Hitler's Order," gave three of his kids Nazi-inspired names read
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Sex-tape lawsuit sent to mediation
The lawsuit centered around a tape featuring a Lowell woman allegedly having sex with a Buddhist monk is headed to mediation. All the parties in the lawsuit Maya Men filed against five men she alleges either produced or distributed the tape of her having sex in a North Chelmsford temple agreed to seek time with a mediator in hopes of settling the suit. read
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The Bad Habits of Good Negotiators
Most people are matchers: they follow the norm of reciprocity, responding in kind to how we treat them. This means that the best way to earn trust is to show trust. If we want to receive information, we need to lead by sharing information. read
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Gov. John Kitzhaber signs foreclosure mediation expansion
OR Gov. John Kitzhaber has signed a bill expanding state's foreclosure mediation program, which had been largely bypassed by mortgage lenders. The program was meant to require lenders to meet with homeowners to discuss alternatives before foreclosing on their mortgage. Most lenders, prompted by the dual effect of the mediation program and a legal ruling against their mortgage recording practices, chose to pursue foreclosures through the court system. The mediation program will now be available to homeowners facing in-court foreclosures in early August, Attorney General Ellen Rosenblum said. read











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Think Patent Arbitration can't Work? Think Again.
If arbitration is so great, why are so few patent disputes resolved in arbitration? More important, are patent litigants missing something? Should they rely on arbitration more often? read
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Merlene Davis: Restorative justice’s mediation needs to be paid for
“What we really need to do is recognize what she is doing is saving families and coincidently saving us money by keeping kids out of the system,” she said. “We ought to figure out how to pay for this. She is not going to be able to do this on her own forever.” read


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Mediation to continue on Salton Sea restoration solutions
Mediation on how to address impacts caused by the nation’s largest farm-to-city water transfer will continue between Imperial County and the Imperial Irrigation District. read
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Study: 1 in 3 New Marriages Start Online
Researchers found that more than a third of new marriages started online and that those relationships were slightly happier than those that began more traditionally. read
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Don't Understate the Advantages of Arbitration
While arbitration is imperfect, the real question is how it fares compared with the realities — rather than our romantic ideals — of the courtroom. read
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Promotion Of Arbitration In The 21st Century
While pundits complain about the United States Supreme Court's diminishing docket, one area of law seems to have increased in popularity with the justices: arbitration law, and in particular the Federal Arbitration Act (FAA). The Supreme Court has unmistakably increased enforcement of the "liberal federal policy favoring arbitration" underlying the Federal Arbitration Act. The Court has overruled state courts that have continued to exhibit what the Court has called "judicial hostility" toward arbitration, read
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Don’t Break the Bank… or Each Other: 3 Ways to Divorce Cheaply and Peacefully
Even though divorce can be incredibly difficult with emotions running high, the truth is that any couple – that’s right, any couple – can truly find common ground when it comes to the expenses associated with divorce. Between attorneys, court fees and orders, therapy and financing a new place to live, divorce is, needless to say, expensive. Through the years, I’ve never met a couple who didn’t want to save money during the process of their separation. And when both individuals can work toward a common goal of saving money, other details of the divorce tend to go smoothly in the spirit of mutual collaboration. read
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Sides agree to mediation in lawsuit over hazing claims at Jacksonville State University
Court records indicate that a lawsuit over alleged hazing at a Jacksonville State University fraternity will be handled outside of court. The plaintiff maintains that fraternity pledges iwere forced to drink mustard and vodka, struck with eggs and flying objects, and beaten repeatedly with fists and paddles. read
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Wrongful Death Suit Against Monster Beverage Heads to Mediation
A California judge Thursday ordered Monster Beverage to mediation in a wrongful death suit that alleges the company's energy drinks were responsible for a teen's death. read







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Pacoima School Fears Losing Successful Conflict Resolution Program
Once overrun with gang violence, Maclay Middle School is thriving thanks in part to a threatened peer mediation program read
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Arbitration cases a growing revenue stream for law firms
The old refrain, “See you in court!” is so last century. The latest trend in resolving contractual disputes is the less expensive, out-of-court process of arbitration. Even the Kardashians include an arbitration clause in their contracts, and you can’t get any trendier than that. read
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Why Annan Failed and Brahimi Struggles: The Challenges of Mediation in Syria
Both Annan and Brahimi are high-status mediators who enjoy an aura of authority, experience, and sway due to their relentless efforts to promote peace in various parts of the world. Both are members of “The Elders,” a group of prominent leaders formed in 2007 with the aim of supporting global peace and respect for human rights. From an academic perspective, mediation has been upheld as a promising mechanism to overcome deadlock in civil wars. So why has the joint UN/LAS mediation in Syria so far failed to achieve a negotiated settlement to the conflict? read
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OSU Geographer To Receive International Prize For Mediation
An Oregon State University faculty member has won a major international prize for his mediation efforts in water conflicts. read




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California arbitration clause struck down: Where employer went wrong
When it comes to the enforceability of arbitration agreements, it’s hard for California employers to know what to expect these days. One thing is certain, though: Courts will still strike down arbitration agreements they find to be unfair or one-sided. read

5/29
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Morning Report: How Consumers Lost the Arbitration War
Binding arbitration has become a potent weapon for companies that want to avoid losing lawsuits to customers. Here we look at how things went south for every one of us who buys goods and services. read
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Judge approves Savannah dredging suit settlement
U.S. District Judge Richard Gergel has approved a settlement ending a legal challenge to the $650 million deepening of the Savannah River shipping channel that could have delayed the project for years. "We're looking for some common ground," he said, thanking the attorneys for working out their differences. "Nobody wants to damage the environment and nobody wants to disrupt an important public project." The Georgia ports want the river deepened from its current 42 feet to 47 feet to handle a new generation of larger containerships. read
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One-third of complaints against press are resolved by mediation
ONE-third of all complaints received by the Office of the Press Ombudsman were successfully resolved last year by conciliation or mediation. read
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Mediation & Arbitration Are Going Online! New Online Dispute Resolution (ODR) Initiatives
Resourceful Internet Solutions, Inc. (RIS), the world's leading online technology provider for the ADR industry, with flagship websites at Mediate.com & Arbitrate.com, now offers three ODR websites, plus Caseload Manager technology, all dedicated to helping ADR programs and practitioners extend their dispute resolution work online. read
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WISE & Healthy Aging Launch New Elder Care Mediation Service
A valuable new service called Elder Care Mediation has just become available at WISE & Healthy Aging, thanks to a collaboration between the Santa Monica-based non-profit social service agency for seniors and the non-profit Center for Civic Mediation of Los Angeles. read
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Legal fight over Zoo Interchange project sent to mediation
The legal fight between two Milwaukee community groups and federal and state transportation agencies over the Zoo Interchange is headed for mediation. read
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Huff Post: What Does Mediation Really Mean?
A significant problem with mediation is the fact that the term itself is vague. Mediation could be evaluative, facilitative, or transformative. Which of those approaches does one mean when they refer to mediation? read
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The EU as a Peacemaker: enhancing the EU’s mediation capacity
The Irish Presidency of the Council of the EU, the European Parliament and the European External Action Service will host a conference at the European Parliament in Brussels on how to strengthen the mediation capacity of the EU. read
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Harvard Law Students Mediate Harassment Prevention Order Cases
In addition to helping parties work through complex personal disputes, the Harvard mediators are developing skills that will benefit them throughout their legal careers. read
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How to sabotage a mediation: An impractical guide for lawyers
Memo to senior partner: If you follow a few or more of these suggestions then the mediation is bound to fail despite the mediator’s best efforts. read
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6 Ways to Make the Most of Mediation
The use of mediation has become an almost universal practice in litigation. More cases are resolved by mediation than by jury trials. Because of this, it is very important that insurance professionals understand the mediation process and learn how to make it effective. read











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Malaysia: Mediation can resolve conflicts over resources
Mediation can reduce the delay, expense and backlog of environmental cases pending in courts read
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Airport suit over damage caused by Obama visit sent to mediation
A public airport is suing the U.S. Secret Service for what it claims was close to $700,000 in property damage caused by a 2010 visit by the president. At the request of attorneys for both sides, U.S. District Court Judge Timothy S. Hillman has sent the case to mediation. The owners of Marlboro Airport filed their $676,000 civil action claiming Obama’s Marine helicopters and armored convoy, including a 20-ton fire-suppression foam truck and other security vehicles, tore up their 1,682-foot runway and grass apron during the commander-in-chief’s 2010 visit to the Massachusetts Emergency Management Agency in Framingham during record flooding. read
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Oregon House votes to extend foreclosure mediation
The Oregon House has voted to extend a requirement that some mortgage lenders meet with struggling borrowers and a professional mediator before initiating foreclosure proceedings. The mediation requirement was first adopted last year. It applies only to certain foreclosures that are processed outside the courts. The measure approved Wednesday would extend it to all foreclosures. The majority of foreclosures in Oregon have long been processed outside courts, but they shifted to the judicial system after an appellate court ruling last year. Proponents hope the mediation will lead to an agreement that would allow borrowers to keep their home. The measure goes next to Gov. John Kitzhaber. read
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The Pedestrian–Cyclist Armistice Reached with Online Negotiation
Following in the footsteps of Amsterdam; Portland, Ore.; and Washington, D.C., among other cities, New York is set to launch its bike-share program, Citi Bike, on Memorial Day. New Yorkers have met the impending influx of bikes with both excitement and dread. Slate convened a summit between a representative cyclist and a representative pedestrian to see if they could defuse tensions a bit. Rules were proposed via email and ironed out with a short G-chat session. A bilateral, 10-point resolution to end the decades-long conflict between walkers and bikers is the result! read




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Research project analyses practice of mediation in two public hospitals in Valencian Community
The research project from the Universitat Jaume I de Castellón (Spain) analyses the practice of mediation in two public hospitals in the Valencian Community through cases that involved a team of mediators over two years. read
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GiveForward partners with Medical Bill Mediation to help families reduce high medical bills
GiveForward, a crowdfunding leader helping families and friends raise money for a loved one's medical bills, is pleased to announce a new partnership with Medical Bill Mediation of the Karis Group, Inc., a service which helps patients consolidate and reduce their healthcare bills. This alliance stems from both organizations' shared mission of empowering patients to face the rising cost of healthcare in America. read


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NAFCM Receives Funding for a National Training Resource Center
The National Association for Community Mediation (NAFCM) successfully applied for and will receive $50,000 from the JAMS Foundation (JAMS). The grant is for the development of the Training Resource Center for community mediation nationally. The Training Resource Center (TRC) will be the largest compilation of community mediation resources in the country. NAFCM will partner with community mediation centers across the country to collect new and existing resources including but not limited to PowerPoint, handouts, mocks, videos, and more. read
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NADN Announces Partnerships With DRI - The Voice of The Defense Bar and the American Association for Justice
The National Academy of Distinguished Neutrals, the premier association for experienced civil ADR practitioners is delighted to announce partnerships with DRI, the largest professional organization for members of the defense bar, and the AAJ (formerly the American Trial Lawyers Association), the world’s largest association of trial lawyers. read


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Judges assigned, mediation dates set in MSU mass litigation
Several lawsuits have been filed in state court against Mountain State University regarding its accreditation. A December order referred pending or subsequently filed state court cases to the mass litigation panel. According to this order, all of these cases involve "harm caused to plaintiff as a result of Mountain State University's loss of its general accreditation, special accreditations in its nursing and nurse anesthetist programs and any other educational programs that require independent accreditation." read
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Mediation Continues in Suit to Block LG Project
Mediation between lawyers for a group preservationists and LG Electronics is ongoing after the effort to find common ground in a lawsuit to block the company's proposed Englewood Cliffs headquarters began early this month, representatives for both sides said Monday. At issue is LG's plan to build a 143-foot high office complex visible above the Palisades in Englewood Cliffs. The preservations say the building will tarnish the scenic cliffs. LG, however, contends the project will bring much-needed jobs to the area and features an environmentally friendly design. read
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Mediation planned in lawsuits over Wyoming plane crash
Lawyers are planning mediation sessions to try to resolve two federal lawsuits stemming from a 2010 plane crash in western Wyoming that killed a Twin Cities father and three sons. read



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Arbitration Nation: Attorneys debate merits of arbitration agreements
Many people may not know what an arbitration agreement is, but chances are they have probably signed one. "Have you ever bought an appliance with a major credit card? Did you look at the back of the receipt? You probably just signed a contract of arbitration," explained Jeff Stewart, an attorney. This, of course, isn't the only type of arbitration agreement. There are different types in the labor and commercial sector. read
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Justice for Sale, Part One: Arbitration Purgatory
Perz said an independent expert he hired concluded the car had probably been submerged in water, causing the electrics to fail and rotting the vehicle’s frame with rust. Perz decided he couldn’t in good faith sell it to recoup his money. So he hired a lawyer. That’s when he learned that he couldn’t take Mossy to court. “My lawyer said I had to go to to arbitration,” Perz said. “I didn’t know even what that was.” read
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Honolulu's Giuseppe Leone launching Mobile Mediation
Honolulu mediator Giuseppe Leone, who recently ran the successful Virtual Mediation Lab, is at it again with the launch of another project called Mobile Mediation. According to Leone, “We have experience in running online mediation via Skype, but then I realized that the next frontier of online mediation is going to be mobile, in which parties are able to participate using an iPad, iPhone or Android device,” he said. “That possibility will allow mediation to be offered in so many different situations.” read
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Mediation and divorce in Texas
Increasingly, couples seeking divorce are using alternative dispute resolution (ADR) methods to resolve issues in divorce proceedings. Mediation is probably the most common type of ADR method used in divorce cases today. While not advisable in all cases, this approach to navigating the divorce process can work well when couples are on equal footing, and want to plan for the future and have a role in developing the settlement agreement that will get them there. read
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Group calls for uniform international arbitration rules
Lawyers are hoping for more consistent rules for international arbitration across Canada as plans are in the works to smooth out differences between the provinces and territories. A working group is looking into creating consistent laws throughout the country on issues from the power of arbitral tribunals to make ex parte orders to whether it’s appropriate to have the same limitation periods everywhere in Canada. It’s a step toward making Canada an “arbitration-friendly” country, says Gerald Ghikas, a commercial arbitration lawyer at Vancouver Arbitration Chambers who’s also chairman of a working group that’s proposing the changes. read
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State Supreme Court Mandates Arbitration in Nursing Home Death Case
The Florida Supreme Court recently made it more difficult for the families of wrongful death victims to have their cases heard in court. In February, the Supreme Court unanimously ruled that a mandatory arbitration agreement signed by an elderly nursing home patient extended to, and was binding on, his estate and heirs. Many states refuse to enforce binding arbitration clauses in nursing home contracts, as they can be unconscionably biased in favor of the nursing home, but the justices refused to make such a declaration in this case. read
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Lawyer Says RCMP Refuses To Mediate Harassment Suit
A lawyer representing 300 women who worked for the RCMP alleging harassment and gender-based discrimination in a lawsuit says the national police force is declining an offer to mediate. read
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Mediate "The Way" says Fiji Chief Justice
Fiji CJ Anthony Gates believes that it was the failure of the non-confrontational approach widely used in Fiji that contributed to the first two coups of 1987. Speaking at the ADR International Seminar held in Kochin, India, Justice Gates said mediation has begun to play a more significant role in Fiji today. Justice Gates told the participants that Fiji had its own mediation system in the past. He said the mediation system was in place even before the missionaries arrived and it was known as 'i soro'. read
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Attorneys ordered to mediation in big-rig crash suit
Attorneys involved in a personal injury lawsuit filed by a family hurt in a crash that left their car suspended off a Highway 101 bridge have been ordered to mediation. read
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New mediation service aims to resolve rental disputes
A new mediation service in Fargo, ND aims to prevent landlord and tenant disputes from leading to court or eviction. A mediation service for landlords and tenants was created by the Successful Outcomes for Tenants and Landlords Committee, which is made up of area landlords and representatives of housing agencies. read










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Bermuda: Gang Mediation Structure Put In Place
A structure has been put in place around gang mediation and police officers will directly engage with students to stem the growth of the gang culture, read
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Charles Schwab Drops Forced-Arbitration Clause From Contracts
After AT&T somehow convinced the U.S. Supreme Court that a couple of sentences buried toward the end of a contract that maybe .05% of customers ever think about reading was all that was needed to preempt class-action lawsuits, many large companies have rushed to pack their user agreements and licenses with clauses that force customers into arbitration. But, stuck in a battle with an industry regulator, the folks at Charles Schwab have decided to go another way, announcing that they have gotten rid of their arbitration clause… for now. read
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More ADR Tools for Shippers
Arbitration, and not litigation, is the driving force behind rules that federal regulators hope will settle simmering disputes between freight railroads and shippers, including coal plant operators.
The Surface Transportation Board announced the policies May 13, after nearly three years of studying prolonged rate challenge cases. “Changes to the arbitration rules are intended to consolidate and simplify formerly separate arbitration procedures and to encourage greater use of arbitration,” the board said. read
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National Association for Community Mediation (NAFCM) receives $50,000 grant from JAMS Foundation for development of national Training Resource Center.
The Training Resource Center (TRC) will be the largest compilation of community mediation resources in the country. NAFCM will partner with community mediation centers across the country to collect new and existing resources including but not limited to PowerPoint, handouts, mocks, videos, and more. read
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Kobe Bryant Judge Orders Mediation in Memorabilia Dispute
Kobe Bryant, the All-Star basketball guard, must undergo mediation before a possible June 17 trial to resolve a dispute over whether a New Jersey auctioneer can sell his memorabilia on behalf of his mother. U.S. District Judge Renee Marie Bumb set a mediation session for May 17 in federal court in Camden, New Jersey, to try to settle a lawsuit between Bryant and Goldin Auctions LLC. Bryant, a Los Angeles Laker, seeks to block Goldin Auctions from selling 100 items consigned by his mother, Pamela Bryant. The firm estimates the auction could raise more than $1 million. read
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Bishop Eddie Long Agrees to Mediation (Huff Post Opin)
With little fanfare or news coverage, the four sexual coercion lawsuits confronting Bishop Eddie Long had the first hearing recently, with both sides opting for mediation to avoid a trial.
"Bishop Eddie Long agreeing to mediation of sexual coercion charges is an end-run around the universally accepted moral and ethical responsibilities of any ecumenical leader. Mediation of sexual allegation grievances is tantamount to an admission of "some" guilt, "some" form of ministerial misconduct. Innocent folk don't make deals if the claims against them are baseless and untrue. Mediation for the accused is a forfeiture of the right to ever claim innocence, and readers should be absolutely clear on this point." read
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Amazon wants seller lawsuit to go to arbitration
Amazon.com’s response to two former sellers complaining about tied-up payments can be summed up as: We’ll see you in arbitration. Seattle-based Amazon, in a 28-page document filed in U.S. District Court in Seattle, asks Judge Marsha Pechman to move the case to arbitration. The two sellers claimed in a lawsuit filed in March that Amazon refused to pay them for more than 90 days after it shuttered their accounts. They want full restitution of “monies wrongfully obtained,” plus interest and other unspecified damages.
In its response, Amazon noted that when the plaintiffs signed up to sell products on its website they agreed to arbitrate any disputes. The suit, which seeks class-action status, says Amazon routinely holds sellers’ money longer than allowed to rack up interest and “reap many tens of millions of dollars annually.” read







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Mediation Myths and Misunderstandings That May Affect Your Decisions in Divorce
The decision to divorce is probably one of the most important -- and most difficult -- decisions one will make during the course of a marriage. The unknowns and avalanche of effects falling like dominoes are often too overwhelming for one person to handle: "How do I start the process? When is the best time for me to initiate the divorce? If and when I make the decision to divorce, should I litigate or mediate?" It can be mind-boggling. read
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Arbitration Fairness Act of 2013 Introduced in Congress
As discussed by the American Association for Justice, the new law seeks to end the abusive practice of so many large corporations, including nursing home conglomerates, that seek to insulate themselves from legal accountability with forced arbitration. As the AAJ summarized, the law is critically needed, because when it comes to arbitration, “The process is secretive, costly and rigged so that corporations cannot be held accountable. By removing access to justice, it grants corporations a license to steal and violate the law.” read
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Discussion stuck? Call in a virtual mediator
Ever find yourself in a collaborative situation that’s gone awry? Maybe one person on the team dominates the conversation or an offhand comment distracts everyone for a whole meeting. Experts in social computing are developing a virtual mediator to turn around unproductive discussions. read
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Forcing arbitration to do good
A reform that was supposed to help the average American and cut the costs of litigation ended up being hijacked by the large and powerful. Now legislation has been introduced in Washington to return the effort to something resembling its original goals. read




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Africa: Mediation can stop costly conflicts
The cost of conflicts on Africa’s development between 1990 and 2005 was about $300 billion (about R272.31bn), according to Oxfam International findings published in 2007. The study, “Africa’s Missing Billion”, shows that our continent loses an average of $18 billion a year because of armed conflicts. This is a clear demonstration of the imperative need for peaceful conflict resolution through mediation in Africa. read
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Singapore Govt mulling mandatory mediation for some community disputes
The government aims to beef up the resolution framework for community disputes to make it more robust and effective. Acting Minister for Culture, Community and Youth Lawrence Wong said one possibility is to set up a body that can order mandatory mediation for difficult cases. read


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Appeal court rules on serving arbitration notice by email
In Continental Sales Ltd v R Shipping Inc., the Lagos Court of Appeal ruled that serving an arbitration notice by email constitutes effective service of the arbitration notice under the English Arbitration Act 1996, for the purposes of registering and enforcing a foreign arbitral award in Nigeria. read
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Chapman Law Introduces First Peer Mediation Clinic as Part of Juvenile Mediation Clinic
This program provides an important resource for the male adolescents residing in Juvenile Hall, as they experience issues as impactful as race conflicts and gang rivalries. “Many of the minors have never been exposed to conflict resolution techniques outside of physical fighting, so providing information on how to communicate needs and interests is a new concept." read
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Marriage Counselor Or Mediator?
In family law mediation, it is not uncommon to hear the parties question their judgment regarding the difficult decision to proceed with divorce. Can a troubled marriage really be saved? Is the relationship really worth saving? Does the couple need a mediator? read
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Westchester group asks for mediation on LAX runway change
A Westchester community group is seeking legal mediation with the city of Los Angeles regarding a plan to move a runway at Los Angeles International Airport. The request comes two days after the Los Angeles City Council approved, on a vote of 10-3, a proposal to move the airport's northernmost runway 260 feet closer to Westchester homes and businesses. read




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Fresno County farmer challenges state's mandatory labor mediation
A Fresno County farming company is suing the state, saying it unfairly imposed a requirement to negotiate with a labor union on behalf of thousands of its workers. Gerawan Farming Company, one of the largest tree fruit growers in the state, is suing the Agricultural Labor Relations Board and the United Farm Workers union, alleging the state failed to meet the requirements for imposing mandatory mediation against the company. The 42-page lawsuit, filed Monday in Fresno County Superior Court, also claims the process is unconstitutional. read
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Class Actions, Yes; Forced Arbitration, No!
What do the Leadership Conference on Civil Rights (with over 200 organizational members), Consumers Union (publisher of Consumer Reports), the AFL-CIO, the NAACP, the National Women’s Law Center, and the Center for Justice & Democracy, have in common? Many good things, of course, but yesterday, they were all among a boatload of organizations signing a letter supporting the introduction of the Arbitration Fairness Act of 2013. This legislation would end forced arbitration. read
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A Chink in the Mandatory Arbitration Armor
I have long railed against the insidious system known as mandatory arbitration which is foisted upon investors who deal with brokers. I testified about the unfairness of this system before a congressional sub-committee. I co-authored a study showing the dismal results for investors when they attempted to recover losses caused by the misconduct of their brokers. It's not surprising that a comprehensive study found most participants in these arbitrations believed the sessions were biased and unfair. read
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JPMorgan, UBS May Try Mediator in $2 Billion Mortgage Lawsuit
A judge handling a $2 billion lawsuit against banks including JPMorgan Chase & Co. (JPM) and UBS AG (UBSN) brought by the former Thornburg Mortgage invited their lawyers to file statements on the possible appointment of a mediator to resolve the dispute, according to a federal court filing in Baltimore. read
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Advice on choosing a mediator
“My family is hiring a mediator to help us divide a complicated estate. How should we choose? What questions should we ask?” read
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San Bernardino County joins cities seeking LAX mediation
San Bernardino County and Ontario joined Culver City and Inglewood on Tuesday, May 7, in demanding mediation with the city of Los Angeles over its environmental report on the expansion of Los Angeles International Airport. All three cities and the county had raised concerns about the report, which the Los Angeles City Council used to approve the expansion and moving the north runway closer to neighboring homes and businesses. Ontario and San Bernardino County are concerned that expanding LAX will further siphon passenger traffic away from Ontario International Airport, which has lost 40 percent of its passenger volumes since 2007. Los Angeles officials have five days to respond to the demand. If they fail to do so or refuse to go to mediation, the cities and the county can sue. read
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AU: The times are a changing – when it comes to selecting a mediator
The selection criteria for in-house counsel choosing mediators is 'a-changin'. A survey of in-house dispute resolution counsel from 76 arge international corporations focused on what criteria the counsel used when selecting a mediator. The results highlighted that almost half of the counsel who responded to the survey don't consider the legal expertise of the mediator as a relevant factor when selecting a mediator. The majority of respondents felt that the core area of expertise of the mediator was a more important factor. read
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Ireland: Mediation is best way to deal with company law disputes - judge
Mediation is the only way forward for "messy and expensive" company law disputes according to the senior judge who manages corporate divorces. High Court judge Ms Justice Mary Laffoy said that company law disputes, often between longstanding friends and siblings, as well as husbands and wives, are highly expensive and time consuming, with many lasting for years. "Mediation has application across the board, and I think most judges would welcome a mediation act" said Judge Laffoy. read








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