Whats' New
Video Pick: Eye of the Storm Leadership (3/08/10)
Peter Adler
This is a video introduction to "Eye of the Storm Leadership" by Peter Adler, Ph.D. - 150 Ideas, Stories, Quotes, and Excercises On The Art and Politics of Managing Human Conflicts. See the book and complete video at www.eyeofthestormleadership.com
Federal Office Mediates Disputes Between FOIA Requesters and Federal Agencies (2/23/10)
Keith Seat
Freedom of Information Act disputes are now being mediated by the Office of Government Information Services (OGIS), which was created within the National Archives and Records Administration and officially began work in September 2009. In its first months, OGIS has begun work on about 40 disputes. OGIS, which will have a staff of six, is working with a contractor to add online dispute resolution and is seeking to provide more transparency into matters it is mediating. In addition to directly resolving disputes, OGIS is tasked with providing suggestions for FOIA improvements. OGIS also plans to provide mediation training to FOIA officers in federal agencies to reduce the number of disputes that arise from the roughly 600,000 FOIA requests made each year.
Federal Computer Week (January 14, 2010); OGIS Website
Texas Gives Patients Right to Mediate “Balance Billing” Claims (1/19/10)
Keith Seat
Texas has enacted legislation allowing patients in preferred-provider or state benefit plans to mediate whenever they would have to pay over $1,000 for services of out-of-network doctors received at in-network hospitals. The Texas Department of Insurance is drafting rules to implement the statute, which takes effect in September 2010. An informal telephone call between the parties must occur within 30 days of the patient’s request for mediation, and the full mediation session must be conducted within 180 days. Mediators will be appointed by the Texas Office of Administrative Hearings.
Star-Telegram.com (November 25, 2009)
Update on Home Foreclosure Mediation (1/13/10)
Keith Seat
Here is an additional update on Foreclosure Mediation across the United States by Mediation News Editor Keith Seat.
Texas Mediation Program for Hurricane Ike Claims Has Few Takers in First Months (12/29/09)
Keith Seat
After lengthy consideration, the Texas Department of Insurance launched a mediation program on September 1 for Hurricane Ike claims, but has received only a handful of requests for mediation. The Department allows insurers not to participate in the program, so only three companies covering one-fourth of the state’s property insurance have chosen to do so. Further, the program relies on insurers to do outreach to claimants, resulting in a modest number of letters being sent to policyholders and raising concerns that the companies may cherry-pick who they contact. As in past programs, the insurers cover the cost of mediation.
Chron.com (November 5, 2009)
Minnesota Farmer-Lender Mediation Program Seeing Much Greater Use (12/29/09)
Keith Seat
The annual report on the Farmer-Lender Mediation Program in Minnesota shows a significant increase in the use of mediation over the last year. Farmers made about 1,200 requests for mediation in the program in 2009 (for the fiscal year ending September 30), an increase of 86 percent over 2008. The total amount of debt involved was $322 million, more than double 2008. Over a third of the debts have been restructured or resolved, while about 45 percent are still pending in mediation. Creditors with secured debts over $5,000 against agricultural property in Minnesota are required to offer mediation prior to judgment collection, repossession or foreclosure. Farmers choosing mediation have 90 days to work with lenders to renegotiate their debts.
UMNews (November 4, 2009); 2009 Annual Report
Tribe Seeks Mediation of Ongoing Dispute with Canada Border Services Agency (12/29/09)
Keith Seat
A dispute over the arming of Canada Border Services Agency officers at a station on the reservation of the Mohawk Council of Akwesasne has festered for many months despite attempts at dialogue and visits by several Members of Parliament. The tribe has been suggesting mediation since the beginning of the conflict. Both sides may finally be leaning toward mediation as the only way to resolve the issues.
Watertown Daily Times (November 5, 2009)
Me and Joe Lieberman: Fantasy Negotiations and Little Irrationalities (12/16/09)
r.d. benjamin
Joe Lieberman, the independent Senator from Connecticut, pissed me off today. First, he is screwing up the pending health care reform legislation, and second, he is forcing me to consider my commitment to negotiation and mediation. Others seem to enjoy fantasy football or picking the perfect baseball team. My amusement, as twisted as some might find it, is picturing myself in ‘the room’ negotiating the big stuff, like health care policy ‘reform’ pending in the U.S. Congress.
Update on Home Foreclosure Mediation (11/17/09)
Keith Seat
Here is an additional update on Foreclosure Mediation across the U.S. by Mediation News Editor Keith Seat.
Long-Running Dispute over California Courthouse Construction Resolved in Mediation (11/10/09)
Keith Seat
A five-year, $50 million construction project for a courthouse in Santa Clara County resulted in assertions of faulty construction by the county and counter-assertions of faulty design and $17 million in change orders by the contractor. After a two day mediation, the parties agreed to resolve all claims against each other and from subcontractors for payments by the county of $8.1 million. Although the county Supervisor had predicted that the county would come away with money for the faulty work, he stated after the mediation that the settlement was worthwhile to avoid the burden and expense of litigation and that it was time to let the dispute go.
Gilroy Dispatch (September 14, 2009)
California Senate Uses Mediation to Avoid Legislative Action (11/03/09)
Keith Seat
The president pro tempore of the California Senate pulled legislation and sent it to outside mediation in order to prevent the Senate from overriding environmental laws to make it easier for Los Angeles to attract a professional football team with a new stadium. The president pro tempore has used mediation in this way before on transportation projects; he views negotiation as the preferred way of working out roadblocks, rather than precedent setting legislation that would ease environmental and land-use regulations for the stadium.
San Diego Union-Tribune (Sept. 12, 2009)
Milwaukee Using Mediation to Resolve Police Complaints (10/06/09)
Keith Seat
A new system for complaints against police in Milwaukee, Wisconsin, resulted in litigation by the police union, which ended with agreement over use of mediation in the complaint process. Larger issues are being sent to an outside mediator, and both officers and complainants have been very satisfied. The police chief is encouraging officers to participate in mediation whenever possible.
Fresno Bee (September 21, 2009) (Subscription Required)
Mediating With Uncle Sam (9/21/09)
Phyllis Pollack
My husband is a customs lawyer. He specializes in import-export law and international trade. Thus, for the most part, he represents importers who are at odds with U.S. Customs and Border Protection (“CBP”); that is, the U.S. Government. When the issue winds up in federal court, he is dealing with an Assistant U.S. Attorney or an attorney in the Department of Justice, Civil Division, Commercial Litigation Branch. Being a mediator, I always recommend that he use mediation to resolve his cases. His response is that he is dealing with the Government, and it does not mediate.
West Virginia Grievance Board Adds Mediation to Streamline Process (9/08/09)
Keith Seat
The West Virginia Public Employees Grievance Board was created two years ago by the state legislature to improve the previous system which was slow and expensive. The new Board reduced the existing four-step system to only three steps, but added mediation as the second step prior to an administrative law judge hearing. Mediation relies on a mediator from the Board or a private mediator chosen by the worker. Although some 2,500 grievances are filed a year, the Board has eliminated the backlog through the mediation process, which resolves about thirty percent of the cases that get to that step.
Daily Mail (July 29, 2009)
Mediators Support President’s Beer Summit (9/08/09)
Keith Seat
Various mediation organizations and mediators spoke out in favor of mediation of the conflict between Professor Henry Gates and Sergeant James Crowley or of President Obama’s specific efforts to bring the men together in an effort to improve their communication and understanding of each other. However, while food or beverages can benefit a mediation, beer was questioned as a general purpose mediation tool.
Newsplex.com (July 30, 2009); Forbes.com (July 30, 2009); Wall Street Journal Law Blog (July 24, 2009); Boston.com (July 24, 2009); Settle It Now Blog (July 24, 2009)
Parliamentary Inquiry Proposes Mediation to Resolve Disputes Between Police and Protesters (8/25/09)
Keith Seat
Following one death and hundreds of complaints about police conduct in controlling demonstrators at the April G20 summit in London, a parliamentary inquiry by the Joint Committee on Human Rights proposed that independent mediators be used. The Committee report blamed both police and demonstrators for failing to communicate prior to the protests, leading to excessive violence, and noted that improved communication and dispute resolution may be achieved through mediation between the police and protesters in the future.
California Attorney General Offers to Mediate Environmental Dispute (8/25/09)
Keith Seat
Litigation brought by three environmental groups against Chevron over an upgrade of its refinery in Richmond, California resulted in an order to stop work, which led to layoffs of 1,000 construction workers. State Attorney General Jerry Brown offered to mediate and suggested the issues could be resolved quickly. The Richmond City Council unanimously passed a supporting resolution and the environmental groups stated they are willing to participate. Chevron is not interested, as private mediation is still under way making other mediation proposals premature, according to a spokesperson.
CBS5 (July 22, 2009)
Procedimiento conciliatorio en Colombia, Parte 2 (7/26/09)
Harbey Peña Sandoval
El presente es el segundo de cinco documentos que tienen como objetivo describir las etapas que integran el procedimiento conciliatorio en Colombia.
Washington County Requires Mediation in Land-Use Disputes (7/21/09)
Keith Seat
The commissioners of Kitsap County, Washington now require mediation of land-use disputes prior to seeking a hearing examiner decision, which may result in an appeal to the county commissioners. The effort to require mediation began after a controversial case involving three appeals was settled late in the process; the commissioners decided to encourage parties to get straight to the compromise and avoid the appeals.
Kitsap Sun (June 24, 2009)
Legislation Introduced to Extend Federal Agricultural Mediation Program (7/21/09)
Keith Seat
The Certified State Agricultural Mediation Program, administered by the Farm Service Agency of the U.S. Department of Agriculture, helps farmers resolve disputes with lenders and others in order to avoid litigation, appeals, bankruptcy and foreclosure. Legislation has been introduced to extend by five years the Mediation Program, which provides matching federal grants to 35 states.
WIBW (June 26, 2009); USDA Agricultural Mediation Program
Pennsylvania County Mediation Program Criticized for Resolving Property Reassessment Challenges (7/21/09)
Keith Seat
All 400 cases mediated with property owners who challenged their property assessments have settled since Luzerne County’s mandatory mediation program began in December 2008. To settle the challenges, reductions in assessed value amounting to $31.6 million have been made. The Pennsylvania county’s reassessment company is arguing in court that the county is contractually required to pay the company to defend assessment appeals and to participate in the mediations, which it opposed. The company, which has been paid $8 million for its reassessment work, alleges that the modifications have been made without adequate basis, reducing tax and school revenues by hundreds of thousands of dollars, but the county stands behind the mediation process. The county has about another 1,600 mediations to go.
Standard Speaker (May 26, 2009); The Times Leader (May 28, 2009) (Subscription Required); The Times Leader (June 30, 2009) (Subscription Required)
Early Mediation Becoming More Common in Midwest (7/21/09)
Keith Seat
Mediators and counsel in the Chicago area report seeing many more commercial disputes being mediated prior to litigation being filed. Some attribute it to the economic climate, while others believe it may be the natural result of court programs in recent years encouraging parties to mediate. The Cook County Circuit Court’s Law Division began a mediation program five years ago, while the court’s Chancery Division began a mediation program in early 2007, both of which result in hundreds of mediated cases each year. While counsel are more willing to work out disputes earlier, some also observe that lawyers are increasingly reluctant to pay a mediator until after they first try to settle the matter through direct negotiations.
Chicago Daily Law Bulletin (June 25, 2009) (Subscription Required)
Procedimiento conciliatorio en Colombia (7/12/09)
Harbey Peña Sandoval
El presente es el primero de cinco documentos que tienen como objetivo describir las etapas que integran el procedimiento conciliatorio en Colombia. En esta parte, se analizará la solicitud de conciliación desde un punto de vista jurídico.
Wisconsin Smart Growth Requirements Provide Mediation Opportunities (6/22/09)
Keith Seat
Wisconsin counties, cities and towns are required to complete comprehensive smart growth plans covering utilities, economic development, housing, transportation, intergovernmental relations and more under the Wisconsin Comprehensive Planning Law, enacted in 1999, which contains a deadline of next January 1. The state has been offering $2 million a year in grants to help local governments develop their plans, which involve complex planning that can be aided by mediation, especially in furthering cooperation among communities. The Department of Administration maintains a roster of dispute resolution providers who can assist in intergovernmental and related issues. Once the January 1 deadline arrives, local governments may only take action consistent with their comprehensive plans. Completed smart growth plans range from 100 to 500 pages in length.
Wisconsin Law Journal (May 25, 2009)
Pennsylvania County’s Use of Mediation in Property Reassessment Limits Litigation (6/22/09)
Keith Seat
Luzerne County, Pennsylvania has used a mandatory mediation program for property owners who wish to challenge their property assessments following a formal appeal. The county is reassessing all property in the county for first time since 1965, and about 2,000 court appeals have been filed, of which more than 500 have been settled in mediation. The county has just hired outside counsel in one case, which is intended to permit mediation to continue settling other cases without delay.
Standard Speaker (May 26, 2009)
