Archive for the ‘arbitration’ Category

Mediation and Arbitration are the Same Thing

March 25, 2009

Mediation and Arbitration are the Same Thing

At least this is how I read this paragraph:

Under the new legislation, if the two parties cannot reach an agreement, either may request mediation from the Federal Mediation and Conciliation Service. [the following has been edited in as per this post] If mediation fails, binding interest arbitration is mandated. The decision of the arbitration panel is binding for two years. This is the provision of the Employee Free Choice Act that the business community is determined to defeat. It will provide labor with a powerful tool for collective bargaining which has been absent for generations.

Note the italicized section. It is not very clear that from a request for mediation, somehow, somewhere the issue is also decided by arbitration. Very odd.

Correct me if I am wrong, but a massive difference between mediation and arbitration is the issue of the third party being neutral (mediation) while in the other (arbitration), the third party makes a decision.

The article is referring to a bill in the Senate regarding the “50+1 Rule” being proposed to for groups wanting to unionize.

I sent an email to the writer of the article asking for clarification, if he replies, I will let everyone know.

Read the article [here]

News for 02.17.09

February 17, 2009

Huffington Post: Give Home Foreclosures the Same Treatment As Wall Street Bankers

Arianna Huffington says that not enough attention is given to the people currently in foreclosure. She also thinks Obama’s plan should include mandatory mediation.

“His plan should also include mandatory mediation between homeowners and lenders prior to any final foreclosures. A pilot program along these lines, the Residential Mortgage Foreclosure Diversion Program, started in Philadelphia, has proven very successful. According to one account, the program has prevented or delayed foreclosures in 75 to 80 percent of the cases that have made it to mediation. Currently, many homeowners don’t even talk to their lenders until they have been foreclosed on — partly because the lenders often make it next to impossible to reach them. “
Full article [here]

International Arbitration Makes the Business World Go Faster
DUBAI – Quick and efficient dispute resolution is vital at a time when the global economy is facing challenges, Dr. Omar bin Sulaiman, Governor of the Dubai International Financial Centre (DIFC) said on Monday.
Addressing a symposium on international arbitration, he said dispute resolution mechanisms had always been critical to the success and competitiveness of an economy. “But, quick and efficient dispute resolution is particularly important now, at a time when the global economy is facing challenges. To increase the adoption of arbitration globally as an alternate dispute resolution mechanism, we need to actively communicate the benefits that arbitration can bring to businessmen, commercial outfits, governments and customers.”

Full article [here]

Shine Launches Kit Aimed At Resolving Neighborhood Disputes
As someone who deals frequently with neighbor vs neighbor disputes, I look around to see what other groups and governments are doing to help people is these situations. Not surprisingly, the Australian State of Queensland is offering a new kit to help people solve their own problems- go figure! Their information sheet comes in nine languages too!
“A new kit aimed at resolving neighbourhood conflict was launched today by Minister for Justice and Attorney-General Kerry Shine. The kit is particularly timely with the Dispute Resolution Branch noticing an increase in demand for its services in the past few months following storms in Queensland’s south east and flooding in north Queensland.
“People living in areas affected by recent bad weather are under a lot of stress and this can be made worse if there are disagreements over the clean-up,” Mr Shine said. “This new kit and the Government’s specialist mediators offer a free service to help neighbours try to settle these disputes.”
Full article [here]
This [link] brings you to the page to download the kit.