Archive for the ‘medaition news’ Category

ADR News

July 3, 2009

Next Week @ Enjoy Mediation
Coming next week I am going to try and switch to a Monday, Wednesday, Friday posting format. This way you, the readers, will be able to know when new posts will be published.
This Monday’s post will recap of the monthly ACRG-NY (Association of Conflict Resolution- Greater New York Chapter) meeting that was held this past Thursday. This month’s gathering had over 70 people in attendance (good job people!) but with the listserv having 1,500+ people and many out of the NYC area, I thought some might enjoy a recap.
Wednesday will have a post and NY Times video on ‘Thinking Outside The Box: The NYPD & Cricket’ (I hope the intrigue and anticipation does not ruin your weekend!).

Friday will be the usual ADR news round up.

onto the news…


Big News In NZ-
Private Mediators To Be Used In Auckland Court Under Pilot
Wellington, July 3 NZPA – Private mediators will work with parties in civil disputes under a pilot scheme to be run at the High Court in Auckland…A panel of up to 15 mediators who were experienced legal practitioners qualified and experienced in mediation would be set up.
Full article [here]
Read the press release [here]
Questions I have- what are the qualifications? How will the roster be administered? Will they be paid, if so how much?

IMI Registration Tops 1,000 Worldwide
Good news from Irena Vanenkova, IMI Operations Director, via email the other day:IMI Registrations Top 1,000 WorldwideIMI Moves on to Certification by AssessmentIMI completed its Experience Qualification Path on June 30 2009. Over 1,000 experienced mediators from 35 countries took the opportunity to register on the IMI portal during the EQP period.
Already, over 100 mediators have completed their Profiles and are searchable on IMI’s open-access search engine. That number is expected to grow to almost 1,000 within 3 months. Registered mediators have until September 30 2009 to complete their Profiles. With the help of a 50-strong Independent Standards Commission, IMI is now moving on to implement Criteria that entities need to meet in order to be authorized to qualify experienced mediators for IMI Certification in the future.IMI’s Chairman, Michael McIlwrath of General Electric said:

“This is a truly great milestone from provably experienced mediators! Access to such an impressive number around the world will satisfy the needs of users for credible and convincing data about competent mediators. More than that, it is significant step in a drive by stakeholders to expand the mediation pie by injecting more confidence and understanding into mediation practice, and give it standing as a truly global profession. Future steps will be to promote the portal’s search engine to users worldwide to identify competent and suitable mediators for disputes, and to leverage the IMI experience to expand and extend the uptake of mediation in different countries and markets.”

IMI is now inviting top trainers, providers, professional and educational institutions to consider the Criteria established by the Independent Standards Commission and apply for authorization to deliver assessment programs qualifying experienced mediators for IMI Certification on a wider scale.Further details are available on the IMI web portal at http://www.imimediation.org/
(Disclaimer: I am signed up with IMI and am currently in the process of being certified)

ODR & The White House
Ethan Katsh posted the following at the Online Dispute Resolution Group @ Linkedin:
As some of you may know, the White House Office of Science and Technology Policy (OSTP) has, for the past month, been sponsoring a large scale online discussion. The purpose of the dialog is to generate new initiatives about how citizens might interact with government. In the first phase of the dialog, there were various proposals suggested for applications of ODR and ADR. During the last phase, which is occurring this week, ODR and alternative dispute resolution are featured prominently on the OSTP blog at http://blog.ostp.gov/2009/06/29/collaborative-problem-solving-and-alternative-dispute-resolution/ This blog posting will be open for public comment through next Monday, July 6th. If you have something, hopefully positive, to say about expanded ODR use by federal agencies, posting something to that effect would be extremely valuable and I would urge you to do so. The people in charge of the White House Open Government initiative actually are familiar with ODR and any ideas you might have about the value and benefits of ODR in the government context would, I think, have an impact.
Please feel free to forward this to anyone else who you think might be interested.


Mediator Suggested in California State Budget Impasse
State Treasurer Bill Lockyer sure has some radical ideas about how to break California’s government gridlock.
Hire a professional mediator to facilitate talks between lawmakers and the governor. Former U.S. Secretary of State George Shultz, maybe?
And craft two budgets – one for the liberal coast and one for more conservative inland regions.
“We’ll have the budget for the coast that has tax increases and services,” Lockyer said in a wide-ranging interview with The Times’ Sacramento bureau. “And in a bunch of other areas in Central and Southern California that don’t have tax increases … their public schools are closed a month of the year – and see what happens.”

Full article [here]

Joe Biden Does Not Equal Mediator with Iraq
President Obama is giving Vice President Biden a larger portfolio to handle, asking him to oversee reconciliation inside Iraq, but Biden will not be a mediator between factions.
“I think he will be involved in working with Shia, Sunni and Kurd to achieve political reconciliation. I would hesitate to use the term ‘mediator,’ ” White House Press Secretary Robert Gibbs said at Tuesday’s briefing. “Somebody who I think can oversee that we are making progress, that our attention and our resources are matched by what we see needs to happen. I think that he’s well suited to do that.”

Full article [here]

Small Business Mediation in Australia
During his many speaking engagements to promote his small business mediation service, Small Business Commissioner Mark Brennan likes to quote a letter written by a commercial real estate agent to an aggrieved tenant.
…According to him, disputes over leases have made up 90 per cent of the 800 cases brought to the Victorian Small Business Commission’s dispute resolution service.
The idea behind the mediation is to provide a low-cost, less confrontational forum that can deal with everything from a $76 unpaid invoice, to trouble over a $650,000 property settlement.

Read more [here]

Mediation With Joe Salama
Don’t know Joe? I don’t either, let’s get to know him together with a Q&A via the Examiner [here]

Air Canada Names Mediator
The federal government has assigned two mediators to oversee the talks between Air Canada and its lone dissenting union, the Air Canada Component of CUPE, which has so far refused to sign off on an extension of its current contract for fear it would lead to job losses.
All five of Air Canada’s unions have agreed to a tentative agreement for a 21-month moratorium on the airline’s pension-funding obligations this week, after its solvency deficit ballooned to $2.9-billion last year. But CUPE, which represents 6,700 Air Canada flight attendants, is the only one yet to agree to an extension of its current labour contract, which is set to expire at the end of June. CUPE says the concessions the airline is seeking would likely result in job losses.

Read more [here]

Friday News Round Up

June 26, 2009

A Network Theory of Conflict Resolution

Definitely worth a read:
Creating an “energy landscape” from networks of friends and enemies could lead to a better way of resolving disputes.

“Suppose you have two friends who detest each other. The resulting awkwardness often resolves itself in one of two ways: either you drop one of your friends, or they find a way to reconcile,” say Steve Strogatz and buddies from Cornell University. They go on to add that the overall social stress in these situations corresponds to a kind of energy that relaxes over time as relationships switch from hostility to friendship (or vice versa).
Read more [here], I know you want to, especially after glancing at that exciting graphic.

Bring Mediation In House Is Cost Effective
This story has been making the rounds on a few discussion groups:
…Resolving disputes through alternative dispute resolution, as opposed to litigation, is one way that a corporation can save money. ADR can also save the corporation time because it is often less disruptive to business operations than litigation. And, when it is used to resolve disputes with customers, it can have a positive impact on customer relations. Mediation, in particular, can be an effective way to resolve customer disputes in a way that is better for everyone involved.

…The University of Pittsburgh Medical Center began utilizing mediation about five years ago as a way to resolve certain legal disputes and grievances that patients or families (the center’s “customers”) have with the system.
Full article [here]

Maine Adds Foreclosure Mediation
...The basic result of this law is that every person being foreclosed upon now has the right to mediation, if they so choose (“opt-in”) by filling out and returning a simple form. The model program on which this law is based originated in Connecticut.
Read more [here]

Preaching To The Choir
Yes, as the headline says and I know you heard and read it plenty of times, but read it again- the benefits of court connected mediation. This one is from Reno: Click here for the article.
In all cases, the mediators use a “facilitative model,” the executive director said. After assembling in a conference room, the mediators work with the parties to identify the problems and possible solutions. Unlike in court, non-monetary solutions, such as repairing or returning property, are possible. If a decision is reached, it comes from the parties.
…The center’s success rate–more than 90 percent, according to its Web site–is higher than the national average, he said.