Mediation News
October 2020
10/27

London Court of International Arbitration (LCIA) Issues New Arbitration Rules

The London Court of International Arbitration (LCIA) issued its new arbitration and mediation rules on Oct. 1, 2020. These rules will apply to all arbitrations commenced after said date unless the arbitration agreement indicates something different. The LCIA is one of the most prestigious and important arbitral institutions in the world, and an option to consider in any dispute.

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Updates to ICC Arbitration Rules Aim for More Efficient, Flexible and Accountable Arbitrations

On October 6, 2020, the International Court of Arbitration to the International Chamber of Commerce (ICC) adopted updates to its Rules of Arbitration, which will come into force on January 1, 2021. Among other things, the 2021 ICC Rules shall provide greater efficiency and flexibility in arbitrations held under the 2021 ICC Rules.

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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

Which country's laws govern an arbitration agreement?

Where parties have chosen to arbitrate their disputes, but have not specified the law of the contract or arbitration agreement, what laws apply to the arbitration agreement?

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Challenges And Opportunities Of Virtual Hearings In International Arbitration

COVID-19 social distancing measures and travel restrictions have particularly affected certain aspects of arbitral proceedings.

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To Hold Police Accountable, Ax the Arbitrators

Communities should have the power to fire abusive officers. But that power often rests with an obscure group of unelected labor arbitrators.

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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

 

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

English Supreme Court decides approach to determining governing law of arbitration agreement
On 9 October 2020, the English Supreme Court handed down its judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, which is likely to become the leading English law authority on the applicable principles relating to determining the proper law of an arbitration agreement and the role of the courts of the seat in granting anti-suit relief.

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Virtual Reality Of Arbitration Hearings

Due to uncertainties created by the pandemic, virtual hearings will continue to remain the default option in particular in domestic, international and cross border proceedings, in which in-person appearances are made difficult by travel constraints.

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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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Call for mediation to ease pressure on legal system

A number of Scottish law practices are among those calling for a greater use of mediation in dispute resolution to ease mounting pressure on the legal system. A significant backlog of cases has built up during the pandemic and is likely to continue.

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United Way offers eviction mediation program

Pocono Mountains United Way announces the launch of the new Landlord-Tenant Eviction Mediation program. The program is free, voluntary, confidential as well as proven to have a nearly 90% success rate in avoiding eviction.

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News India: I want to get divorced but my spouse does not want to? What can I do?

The truth this is that you don’t need your spouse’s permission to get a divorce. You have every right to hire an attorney and file a summons and complaint in court. Or you can even do the paperwork yourself, even though it is not recommended.

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City of Santa Monica Partners with Straus Institute to Offer Aide in Eviction Disputes

The Straus Institute for Dispute Resolution will collaborate with the City of Santa Monica to provide mediation for landlords and tenants who are navigating payment of deferred rent alongside city- and state-wide eviction moratorium orders in place through the end of the year. Pro bono services will be offered through the Straus Mediation Clinic and externship program.

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Juvenile mediation: It’s not just for kids

Juvenile mediation was introduced to Louisiana in 1997, meant to be used principally in Orleans and Jefferson Parishes due to the high influx of children in need of care and the beginning of young delinquency cases that seemed would eventually overwhelm those court system.

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Time to reconsider compulsory mediation to encourage industry collaboration?

UK: The Construction Leadership Council's COVID-19: Managing Contractual disputes & collaboration – Summary Guide was issued on 14 July 2020 and provides four steps to achieve collaborative solutions: (1) establish concurrent conversations; (2) reality test and optimise your position; (3) realistically offset the time and monetary costs of adversarial behaviour against the savings and benefits of a collaborative commercial dialogue; and (4) use the resources to formalise your deal.

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Co-Mediation Presents Unique Opportunities for Settlement

Co-mediation is an important alternative dispute resolution (ADR) tool that is getting increasing attention and consideration. In general, the concept involves the coordinated use of two mediators with different approaches or areas of expertise to facilitate settlement.

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Japan implements new IP mediation proceedings

As of October 1 2019, the Tokyo District Court and the Osaka District Court started operating a new practice for mediation concerning IP rights (IP mediation).

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Justices of the Peace oppose mandatory eviction mediation

Program to prevent homelessness during pandemic ‘creates bias’

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September 2020
9/30

Got Beef With a Miami Cop? Soon You Can Try Off-the-Record Mediation

Mediation proceedings will be kept private; both parties are required to sign confidentiality agreements

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How Zoom Has Changed Mediation in a COVID-19 World

"The Zoom boxes are a great equalizer. We have noticed that clients are taking a more active role in virtual mediations, perhaps due, at least in part, to the more equal way in which participants appear in the 'room'."

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Mediation process recessed until January for proposed RV resort at Buffalo Lake

A mediation process to help resolve a dispute surrounding a proposed RV resort along the south shore of Buffalo Lake northwest of Stettler has been recessed until January.

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Fair Housing Center's landlord-tenant mediation program off to successful start

Toledo Fair Housing Center president Marie Flannery estimates 60% of the cases that make it to voluntary mediation are resolved successfully.

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What to Expect at a Personal Injury Mediation

When you file a personal injury lawsuit in Florida, it is possible that your case will result in a voluntarily-negotiated settlement, and it is also possible that you will need a Florida personal injury lawyer to take your case to court. However, there is a third possibility as well: Your case could go to personal injury mediation.

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COMMON GROUND: Mediation Day offers free help with legal disputes

HANCOCK COUNTY — People locked in legal disputes have an alternative to settling cases rather than taking an issue to court. It’s called the Mediation Day program.

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9/22

Affirmed: “Cluttered” Website Means No Agreement To Arbitrate

Clean up that website!! “Clutter” may obscure and negate attempts to highlight terms and conditions that require arbitration of Telephone Consumer Protection Act (TCPA) disputes. A “hard to find [link to Ts & Cs] on a cluttered web page” can be a recipe for such a result.

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Court-Ordered Non-binding Arbitration: A Way to Move Your Case Forward During COVID

This article explores an alternative for civil trial attorneys to utilize court-ordered, nonbinding arbitration to move a case forward during COVID-19 restrictions.

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Here’s What the CDC Eviction Moratorium Means for Local Renters

The CDC issued a national moratorium on evictions on September 2; the order went into effect two days later and will run through the end of 2020. The news of the moratorium has been greeted with relief by local housing advocates and service providers, many of whom feared a spike in evictions in the late summer and early fall. Advocates, however, are also quick to point out two important caveats.

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There will be ‘flood’ of pending cases post-COVID, mediation needs to be emphasised: CJI

Justice Bobde stresses on need to focus on mental health

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The Court Annexed Mediation Mechanism: An Overlooked Avenue For Justice

Mediation, as a means of resolution of disputes, has been growing significantly over the past few decades in India. It is considered to be the most appropriate method amidst the 'Alternative Dispute Resolution' mechanisms as it is cost-effective, flexible, amicable and addresses the conflict in the most cordial of manners.

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Evictions firm to offer landlords and agents £100 mediation service to avoid court

Landlord Action and the Property Redress Scheme have joined forces to stop disputes over unpaid rent ending up in court, where they could wait 18 months to be resolved it is claimed.

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The Singapore Convention on Mediation promises 'flexible and affordable' dispute resolution

A welcome addition to the cross-border dispute resolution landscape has gone live

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