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Mediation in Today's News

Corporations, Congress Must Examine Arbitration and Racism

Making New Connections: Virtual Mediation Is the New Frontier

Yogi Berra once said, “It’s tough to make predictions, especially about the future.” Well, I am going to make a prediction that in-person mediations will never be the same. ...more

Mandatory Mediation of Riot-Related Insurance Claims

Mandatory mediation is now the law in New York modeled on the Super-Storm Sandy prototype . Will it achieve the same success as past mass disaster mandatory mediation p ...more

Sexual Harassment Claim Mediation

Statistically, the overwhelming majority of sexual harassment cases are resolved prior to trial by “alternate dispute resolution” in the form of mediation or arbitration. ...more

$4 Million Settlement Through Zoom Mediation During COVID-19 Pandemic

Despite the courts being closed during the COVID-19 pandemic, the Schaumburg, Illinois-based law firm Gardi & Hau ...more

Minds of Master Mediators

Examining the practices and psyches of six extraordinary mediators, including "Zeroing in on Zoom," what these mediators think about virtual platforms. ...more

EEOC expands mediation, conciliation to increase voluntary change resolutions

The U.S. Equal Employment Opportunity Commission (EEOC) has launched two six-month pilot programs to expand opportunities for employers ...more

The New Normal Mediation: A User Guide

Mediation will play an important role in resolving the many disputes that will follow the Covid-19 triggered recession.The flexibility of solutions that it offers mean that parties can find creative so ...more

How forced arbitration can hurt Black and brown workers

The Economic Policy Institute finds that 65% of companies with more than 1,000 employees have mandatory arbitration procedures — meaning workers must settle employment disp ...more

Important Books for the International Commercial Arbitration Practitionermore

A Guide To Drafting Enforceable Arbitration Clauses

Many businesses choose to include arbitration clauses in their agreements with their customers, vendors or employees. They do so because, as data increasingly shows, arbitra ...more

Heller v Uber: The Supreme Court finds arbitration clause unconscionable and establishes new test for determining when to stay litigation in favour of arbitration

Heller develops arbitration and contract law in three important ways: It provides ...more

Fundamentals|An Overview on International Arbitration

There are three major methods of international dispute resolution; namely international arbitration, international commercial litigation, and alternative dispute resolution (ADR). Among ...more

Mediation: A conflict resolution preference during COVID-19 crisis

Closure of courts and tribunals to curb the spread of the virus will invariably delay justice to companies and individuals alike. In these times, traditional reliance on lit ...more

Pepperdine Caruso School of Law Announces $1 Million Gift from the Honorable Daniel Weinstein (Ret.)

The Honorable Daniel Weinstein (Ret.) has made a generous ...more

FIFA agrees to mediation in dispute with TTFA

FIFA has agreed to settle their dispute with the Trinidad and Tobago Football Association (TTFA) through mediation. According to lawyers from New City Chambers represent ...more

Neighborhood Justice Center offering mediation for renters and landlords during COVID-19

LAS VEGAS (KLAS) — Renters who may be having difficulty paying rent or landlords who may be having issue ...more

Migrating Away From Traditional Models Of Mediation

During this time of Covid-19, it makes sense to further blend and customize the mediation process. Now more than ever, it is necessary to shift towa ...more

How Mediation Firm JAMS Became the Dominant Player in the LA Market

An international business, JAMS is considered the dominant company in Los Angeles and the nation when it comes to private mediation and arbitration services. ...more

EEOC Alters Mediation Process Under New Temporary Program

EEOC Chair Janet Dhillon announced a pilot program to change aspects of the agency’s mediation program, including expanding the types of worker bias allegations. ...more

Black workers matter, so end forced arbitration

As employment lawyers who have devoted our careers to fighting discrimination in the workplace, we are heartened to see the world awaken to systemic and structural racism after th ...more

Supreme Court of Canada Finds Arbitration Clause to Be “Uber” Unconscionable

On June 26, 2020, the Supreme Court of Canada (SCC) released its decision in Uber Technologies Inc. v. Heller. The SCC ruled in favour of the plaintiff, allowing him ...more

Questions To Ask When Changing Your Arbitration Clause

In a prior post, we highlighted some questions that companies may want to ask when evaluating whether their arbitration clauses are enforceable. If changes need to be made to th ...more

Employee Arbitration Agreements Can Include Some Confidentiality Provisions, NLRB Holds

The National Labor Relations Board (NLRB) has held an employer lawfully included confidentiality language in an arbitrat ...more

5 Advantages to Mediation by Video Conference

As COVID-19 cases continue to rise, in-person mediations are not occurring in most instances. Prior to the pandemic, most lawyers disfavored mediation by video conference and believed that mediation in ...more

Mediation Perspectives: Moving Training from Room to Zoom

In the context of COVID-19-related discussions about moving mediation training online, this blog reflects on key strategic and operational questions one should ask to make this ...more

To understand each other, look through each other’s ‘windows’

People have such different histories that it is important to try to unearth how they formed their beliefs. ...more

Global Arbitration and Mediation Services Market: Trends Estimates High Demand by 2027

Research on Arbitration and Mediation Services Market (impact of COVID-19) ...more

Another healthcare mediation success

NHS Resolution's claims mediation service was launched on 5 December 2016 and has since then proved extremely successful as a means of supporting patients, families and NHS staff in working towards the res ...more

University of Michigan, victims of sports doctor to enter mediation in lawsuits

The University of Michigan and potentially hundreds of victims of former university doctor Robert ...more

Mediation program for Ottawa Community Housing tenants out of money

A conflict resolution pilot project at three Ottawa Community Housing (OCH) locations is running out of money despite its success in helpi ...more

Supreme Court Foreclosure Guide Touts Mediation, Tech

The Ohio Supreme Court’s guide on home foreclosure disputes promotes mediation and technology as major avenues where local courts can forge remedies between homeowners and lende ...more

Using Microsoft Teams for mediation

Personal and work lives have changed drastically in 2020, and we are only halfway through the year! If nothing else, the COVID-19 pandemic has shown us how flexible and resilient we need to and can be. ...more

Mediation program for landlords, tenants set to run through at least October

A free mediation program to assist landlords and tenants throughout the COVID-19 crisis has already served mor ...more

Migrating Away From Traditional Models Of Mediation

Mediation is often viewed by lawyers as a "this" or "that" on the spectrum from facilitative to evaluative. In reality, experienced neutrals view media ...more

Sweating The Details: Court Analyzes User Interface To Uphold Online Arbitration Clause

Online service providers typically seek to mitigate risk by including arbitration clauses in their user agreements. In order for such agreements to be effective, ...more

NLRB Gives Green Light to Confidentiality Provisions in Individual Arbitration Agreements

In many private arbitration agreements entered into in the non-union context, employers and ...more

Counterpoint: In defense of arbitration

In deciding if recent criticism is accurate, it's important to look at the facts. ...more

An Arbitration Clause Health Check

Arbitration clauses with class action waivers remain one of the most effective tools that consumer-facing companies can employ to fend off consumer class action litigation. Yet many companies stumble both in gettin ...more

John Sturrock QC reflects on mediation and negotiation in new book

Mediator John Sturrock QC has published a collection of articles and blog posts he has written in recent years, containing reflections on mediation, negotia ...more

Communities need tools for conflict resolution during troubling times

The stress and uncertainty of COVID-19 has amplified ongoing conflict and created new conflicts. P ...more

Making New Connections: Virtual Mediation Is the New Frontier

Yogi Berra once said, “It’s tough to make predictions, especially about the future.” Well, I am going to make a prediction that in-person mediations will never be the same. ...more

University of Michigan, victims of sports doctor to enter mediation in lawsuits

The University of Michigan and potentially hundreds of victims of former university doctor Robert ...more

Perspectives on Cross-Border Mediation in a Changed WorldIn this webinar, three expert international mediators will discuss what might be on the horizon in the years to come and their experiences in online cross-border dispute r ...more

Effective Case Management in Arbitration and Virtual HearingsCheck out a free webinar presented through Arbitral Women by Mireze Phillippe and Mohamed Abdel Wahab on June 18th, 2020 at 11:00 Paris and Cairo (CET) / 17:00 Shanghai / 1 ...more

Commentary: Time for baseball to go to bullpen and call on a mediator to solve labor dispute

The Danger of Mediator’s Proposals

The problem that arose from my frequent use of mediator’s proposals in a high-volume settlement department was that parties soon expected the settlement conference to conclude on that basis. ...more

Jury Trials and Mediation in Philadelphia County: Virtually in Person

The use of virtual technology is likely permanently changing the landscape of civil litigation, including depositions, mediation, and other forms of alternative dispute resolution. ...more

Lucas County begins landlord-tenant mediation program

TOLEDO The program announced Wednesday allocates $140,000 in federal funds to pay for two full-time mediators who will work at the Fair Housing Center. The goal is to have a ...more

Virtual mediation can peacefully resolve conflicts from home

Conflict is part of being human and is all around us. Sometimes, it can feel unmanageable and impossible to deal with conflicts on our own. It c ...more

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