Archive for the ‘construction ADR’ Category

Was A Terror Suspect, Now a Mediator [plus more news]

March 30, 2009

Was a Terror Suspect, Now A Mediator

Pakistan is using ex-terror suspect Hyarbyar Marri as a mediator between the terror outfit which kidnapped UN official John Solecki and the government to get the American citizen released.
Marri, recently acquitted of terrorism charges in the UK, was approached by Pakistan’s Interior Ministry to use his influence with the kidnappers, Dawn reports. Full story [
here]


Mediation and Arbitration Helps in Construction Disputes
When it comes to profitability, a lot can be said for the way a company manages information. That’s been the overall theme of the Construction Specification Institute’s three-part webinar series, “Maintaining Profitability in Your Construction Business,” which concluded this afternoon. Bill Dexter, a risk-management consultant and trainer, Mary Jones, a California attorney specializing in alternate dispute resolution and Marge Mellody, a mediator specializing in real estate-related disputes, continued that focus when they discussed dispute resolutions during today’s session.

Full story [here]


Mediation Fails

For those that think mediations are always resolved successfully:

NEWARK — Mediation has failed in a civil suit between a local contractor, the Board of Education for the Licking County Joint Vocational School District and others, but another avenue to avoid a lengthy trial still might be available.

Attorneys for all sides met with a mediator Friday, but because no settlement was reached, the prospect of a month-long jury trial beginning April 28 looks increasingly likely.
The case will have spent three years on Common Pleas Judge Thomas Marcelain’s docket by then.

Full story [here]

Internet Mediation- Cybersquatting Hits Record

The number of cybersquatting complaints reached a record in 2008, the World Intellectual Property Association reported Monday.
Geneva-based WIPO, which is charged with resolving such disputes, said there were
2,329 complaints filed with the WIPO Administration and Mediation Center last year. That’s an 8 percent increase from the year prior.

And the numbers are likely to skyrocket as the Internet Corporation for Assigned Names and Numbers is expected to launch new top-domain spaces by year’s end.

Full article [here]


SafeKiwi- Promoting Mediation in New Zealand

“LEADR NZ is pleased to be involved in the new SafeKiwi™ internet-based ‘escrow’ financial service, launched yesterday by Christchurch businessman Mike Pero. An escrow account, like SafeKiwi™, is a legal arrangement in which one party deposits funds under the supervision of a neutral third party, until the terms of an agreement have been met and the funds can be released. SafeKiwi™ (www.safekiwi.co.nz) is marketing the service to companies, corporates, individuals and government departments and, in particular, expects the service to be popular with small businesses and sub-contractors.

SafeKiwi™ will use the Public Trust as its custodian. Carol Powell, chair of LEADR NZ, says she is delighted that SafeKiwi™ is promoting mediation as the first option for resolving disputes that may arise between parties to the service.

Full article [here]

Mediation & ADR News 03.02.2009

March 2, 2009

Commercial Mediation to Double This Year in Ireland
…The respondents said the key advantages of mediation were cost (saving up to 70 per cent on litigation), speed, control of the process and the preservation of business relationships. The survey found that mediation was most widely used in family businesses and construction disputes, followed by partnership conflicts, property issues and business terminations.
Full article [here]

Political tensions start to subside as mediators step in
is that not a great title to an article? i mean, as a ADR practitioner, don’t you feel required to read such a wonderful statement? The article refers to the political going-ons in the Pakistani Parliament.
“Lahore: Despite tall claims from both sides regarding the election of a new Punjab chief minister, the simmering tension between the Pakistan Peoples Party (PPP) and the Pakistan Muslim League (PML-N) has started to subside as political mediators and foreign diplomats stepped in.”
Full article [here]

Interested In Construction Mediation?
If yes, this might interest you or scare you away:
“The 441-page document is the result of more than three months of mediation between the town and TLT Construction Corp. It was agreed to by all parties, including selectmen and TLT’s bonding firm, last Friday but was released only yesterday after the Times filed a public records request. Although the document is a public record, it contains a clause that does not allow town officials to release it without notifying TLT.”
Full article [here]

Broker Wronged You? You Have Options
Your money is gone. You’re ticked off. You want to sue.Even if your adviser wasn’t Bernard Madoff, you might be wondering what action you can take after watching your savings take a clobbering this past year. You aren’t alone.
Last year, the number of cases filed with the Financial Industry Regulatory Authority bolted 54 percent, to 4,982. The non-governmental agency regulates U.S. securities firms, including online brokerages, and handles arbitration with clients.
…Before proceeding to arbitration, you and the other party can seek a settlement through a FINRA-appointed mediator. You and your broker would work out how to split the fees, which can range from $50 to $300 for clients and $150 to $500 for brokers.
Full article [here]
For those interested, FINRA is seeking mediators in various locations throughout the U.S.
Their site is [here]

News & Tips

February 9, 2009

Mediators Prepare New Darfur Peace Push
Mediators attempting to broker an end to the six-year war in Darfur met in the Qatari capital on Monday ahead of the first peace talks between the Sudanese government and the rebel Justice and Equality Movement since 2007.

“The meeting aimed at discussing and rendering the Darfur peace talks successful,” the mediators said in a joint statement after their talks.

The mediators included Arab League chief Amr Mussa, OIC secretary general Ekmeleddin Ihasanoglu, African Union commission chairman Jean Ping, Qatar’s state minister for foreign affairs Ahmed bin Abdullah al-Mahmud and United Nations and African Union chief negotiator on Darfur Djibril Bassole.
Full article [here]

Law Firm Expands Dispute Resolution Team
LAW firm Atteys has expanded its Dispute Resolution department into Sheffield and Rotherham.

In a bid to help more local businesses defy the credit crunch, the service brings together specialist legal advice, aimed at helping businesses and individuals resolve a wide range of problems, without the need of facing long and potentially costly courtroom battles.Atteys launched its Dispute Resolution Department in 2007 and since that time, the firm has helped many small businesses in the region to recover bad debts, overcome employment matters such as handling redundancies and unfair dismissal claims, as well as providing legal makeovers – ensuring businesses are compliant with the latest legislation.
Full article [here]

Dispute Resolution in the Recession
Recessions produce a boom in disputes — and in the past have produced a correspondingly increased volume of litigation. However, the results may differ this time around. Unexpected and especially sudden changes in the economy and, even more so, volatility (the hallmark of the global economy in 2008) generate disputes. Business expectations are shattered. Prices fluctuate. Financing is withdrawn or fails to materialize. The economic foundations of contracts collapse. And business partners, suppliers and customers fail to perform, or even go out of business.
Full article [here]

Court of Appeals Testing New Mediation
A new Court of Appeals mediation program for family law cases is saving thousands of dollars for the litigants and for the court. About half of the first twenty cases to go through the program were successfully settled, according to John Kostouros, director of the state court information office.
Full, short article [here]

Obama appoints Native woman to mediator’s post
After an eight-year void in the White House, President Barack Obama has appointed an American Indian to a high-profile intergovernmental job to be the “eyes and ears” of Indian Country.The Obama administration named three people to posts in its intergovernmental affairs office on Friday, including Jodi Archambault Gillette, a member of the Standing Rock Sioux Tribe.

The Lakota woman will serve as a deputy associate director in an office that functions as a mediator between the administration and state, tribal and local governments.“This is the first time we’ve had an American Indian that close to the White House, dealing with intergovernmental affairs,” said David Gipp, president of the United Tribes Technical College in Bismarck, N.D., where Gillette previously served as director of the Native American Training Institute, a tribally operated nonprofit organization.

She will be very helpful in coordinating tribal government, tribal leaders and Indian affairs across the board and all the federal agencies where there will be issues affecting tribes and Indian people,” said Gipp. “She’ll be able to reach across from one agency to the next. We look forward to her coordinating meetings at the highest levels of government with some of the secretaries and also the president.”
Full story [here]

Construction ADR Tips (Middle East Specifically)
Some very good, basic tips, one of which is:

Provide for arbitration
Contracts need to include an effective dispute resolution mechanism, which may act as a deterrent to disputes. Arbitration is gaining increasing acceptance in the region and arbitration clauses are now common in many construction contracts. But don’t forget that the enforcement of arbitral awards remains a challenge in certain jurisdictions, particularly in Saudi Arabia.

Read them all [here]