Less and less cases are making it all the way to trial. We attorneys know that alternative dispute resolution is one of our most important tools.
USC Gould School of Law announced it is launching two new master’s degrees for attorneys and professionals in one of the fastest growing areas of law and business – alternative dispute resolution.
USC is the first top 20 law school to offer a Master of Dispute Resolution and Master of Laws in Alternative Dispute Resolution, demonstrating its commitment to training the next generation of professionals in arbitration and mediation.
Read more here.
In general, the bill would have given judges guidelines on how to decide alimony payments, limit the duration of alimony and effectively eliminate “lifetime” alimony. The bill also had a provision that urged judges to begin any timesharing issue with a premise that both parents are entitled to approximately equal time with their children.
Many thought this bill was a shoe-in since it had such strong legislative support. Reading what Rick Scott said as to why he did not sign the bill leaves us with little guidance on what type of reform, if any, may occur.
Read more here.
slap down. For the mediation process to be truly effective people have to take it seriously. Too often lawyers try and control the process and make it just another step in litigation. Doing that does a disservice to the process and for your client. Thank you judge for reminding these lawyers and Mr. O’Neal that the mediation process is not controlled by lawyers. This kind of behavior only hurts a process that has been proven to help people in conflict more positively and less expensively than litigation.
Read the story here.
In these cases, the two employees, both homosexual, were fired when news of their same sex marriage was made public. Same sex marriage is against the Catholic Church. I understand same sex marriage has been legalized in the United States but that does not and will not ever change the teachings of the Church. While I would encourage mediation to further discuss the teachings of the Church and to discuss with the parties the importance of religious freedom, I would discourage mediation if the parties’ ultimate goal is to force the Church to change its doctrine or to force the Church to employ people who refuse to follow the Church’s teachings. There is no compromise on Church teaching. It is what it is and if the Church waters it down for everyone’s personal preferences, there will be no more Church.
I am believer in religious freedom. The Church has the right to protect its teachings and to live by those teachings. The legality of something does not make it right or wrong for purposes of morality which is the genesis of the teachings of the Church. This is bullying plain and simple. Read more here.
“Mooresville and Iredell County schools are partnering with Piedmont Mediation Center, Inc., to offer a different way to solve conflicts like bullying, risky behavior, sexting and truancy.” This is not about mediation. It is about “having the children and teens understand who they hurt and how. Goals for the program include “providing a sense of justice, while reducing crime and cost.”
There has been a lot of success in working with kids in this kind of way. The mediator is used as the first point of contact for the teen in trouble. “The Restorative Justice program has no negotiation; if the child is not willing to acknowledge the harm and make steps toward making it right, this is not the program for them.”
“With the program, the child and parent would have a pre-conference with a counselor from the mediation center, talking about the infraction as well as the program and seeing if it’s appropriate, which Masiello says it typically is.”
Read more here.
“He [the pope] needs to do peace not only in Cuba and the United States but in the Middle East as well to give the people the hope that everyone is equal all over the world. Never mind if it is in the west, in the east, we are human beings all over the world,” Amir said.
Read full article here.
The Church was, is and always will be a mediative force in the world.
“The prospect of a long and rancorous court battle was defused when the major players involved, including the city’s retired workers and financial creditors, agreed, at the bankruptcy judge’s urging, to hash out the terms of a deal in a private mediation process.” Yup, mediation helped Detroit navigate through the bankruptcy process easier and with a better deal than what a court would have probably imposed. Read more here.
I say it over and over again. The biggest benefits come to those who mediate early – before positions have been rooted. In the Detroit bankruptcy case, the Bankruptcy judge played a big role in urging the parties to mediate. In my recent seminar I talked about what I believe to be the number one strategy for dealing with the emotional issues in family law litigation – mediating early. One participant asked me how to get that done when attorneys and/or parties are often unwilling to mediate early.
Get the judge involved. Call an early case management conference or Motion the court for a mediation and talk about the issues and why the case would benefit from early mediation – even early mediation with a certain mediator. The court is in a unique position to alter the behavior of the parties. Educating the judge can incline the judge to talk about mediation with the parties and urge them to engage. A judge’s urging is meaningful to parties sitting right in front of him/her and, for so many reasons, the parties have so much gain!
Professor Sherry Colb, a law professor at Cornell Law School, took a training in transformative mediation and her insights about how we deal with conflict in a “litigation mindset” are spot on. It is wonderful to read this article and see how “transforming” basic mediation training is – especially to a law professor. And this was only a four day course. I want to reread her again after she has mediated a hundred or so cases and continued her education.
Her insights are well worth the read and so necessary in helping society see how much damage the litigation mindset does to a fundamental aspect of our humanity – relationship. Read full article here.
ok…really????? Facts: girl left her parents house days before turning 18 claiming she is an adult and now sues for weekly support and remaining payments for high school tuition. Issue: are parents obligated to financially support daughter.
Um…go home kid…right now AND I MEAN NOW!
Thank God the judge ordered the case to mediation. I think a good mediation process can cut through the emotional baggage in this case – and there is a lot. The courts are absolutely not the answer here. And I think lawyers should not be present at this mediation…God forbid rights are compromised…I dont want to hear it…this family deserves a chance to work things out without positional bargaining in the middle.
Read whole story here.
Brenda Baietto featured in the new book: