The Mediate.com Weekly
July 29, 2014 #540 – Membership information
In This Issue:
Mind the Gap: Mediation and Justice • Understanding Each Party’s Power in Family Mediation-Arbitration: Why it is Critical • La Mediación en Costa Rica • Legal Mediation News – July 2014 • International Mediation Updates • Today’s Mediation News • Job Postings • Events Calendar • Blogs
|Mind the Gap: Mediation and Justice
This article examines the alleged gap between mediation and justice. It considers ideas of both substantive and procedural justice and examines persistent critiques of mediation as falling short of the supposed gold standard of litigation. It goes on to propose an alternative reading of mediation as a site where parties are empowered to negotiate not only the outcome of their dispute, but the criteria by which that outcome is judged. This can be read as providing more, rather then less, justice, particularly in diverse societies where legal and social norms are contested.
|Legal Mediation News – July 2014
Here is another in a series of updates on Legal Mediation News from Mediate.com News Editor, Keith Seat.
|Understanding Each Party’s Power in Family Mediation-Arbitration: Why it is Critical
A recent Ontario Superior Court of Justice decision illustrates the need for clearer guidelines for “screening for power imbalances and domestic violence”, a mandatory component of Ontario family arbitration. It also demonstrates the benefits for parties, lawyers and arbitrators in understanding that some methods of screening are more effective than others; and in ensuring that screening is done in accordance with the best practices before the mediation in a mediation-arbitration.
|Featured Mediator Program
Special pricing ends July 31. Limited availability. Some area codes are sold out. See www.mediate.com/Featured for full information.
|International Mediation Updates
Here is another in a series of updates on International Mediation Developments from Keith Seat, Mediate.com News Editor.
|La Mediación en Costa Rica
A mediados de la década de los noventa se realizó en Costa Rica, por parte del Poder Judicial, una consulta ciudadana para evaluar la percepción acerca del sistema judicial. Los resultados mostraron descontento entre la población por el formalismo para acceder al sistema y la mora o duración de los procesos que se consideraba excesiva.
|Featured Blog Posts – (read all Blogs at www.mediate.com/Blogs)
Read All Blogs
|2014 ACR Annual Conference in Cincinnati, Ohio, October 8-11, 2014
The ACR Conference now offers continuing education credits such as CLE and CME! The conference theme – Many Notes One Symphony: Conflict Engagers in Harmony – offers conference participants a melody of programs that deepen their understanding and harmonization of the ADR Field. Cincinnati 2014 is a conference with a difference. We are offering the opportunity to be part of a beautiful collection of well thought out and engaging conflict resolution pieces. Over 90 sessions are available! Visit the ACR Annual Conference Website atwww.acrannualconference.org for complete Conference Program information. See you in Cincinnati!
|Join The #1 Mediator Website!
Special pricing ends July 31! Mediate.com has the most used Mediator Directory on the planet, by far! Join Mediate.com and get more cases. Full information is at: www.mediate.com/Membership.
|This Week’s Mediation News
(read and search all News at: www.mediate.com/Today)
- Big Risks and Disadvantages of Arbitration vs. Litigation
Three recent high-profile arbitral awards highlight the risks of arbitration and demonstrate that, contrary to widespread belief, arbitration is often not cheaper, faster or more predictable than litigation. These three awards, as well as emerging trends in arbitral proceedings, call into question the common practice among corporations of including contractual provisions mandating arbitration in the event of any disputes.
- “To See Ourselves as Others See Us”: The surprising potential of Online Dispute Resolution
Many of us have been hearing about Online Dispute Resolution (ODR) for years but haven’t quite got round to using it. It sounds like a nice idea when face-to-face mediation isn’t an option through distance and/or cost. And yet I suspect that for most mediators the ‘gold standard’ is being in the same room as our clients. We can see people, hear them, feel the emotional temperature; we can also speak, use our eyes, use our hands; even jump to our feet when things get stuck. A small screen, by contrast, seems flat, miniature and limited. However, if precedent is anything to go by, it would be foolish to bet against the forward march of technology.
- Judge Orders Mediation for SpaceX, US Air Force
A federal judge has asked the U.S. Air Force and Space Exploration Technologies Corp. to try mediation to resolve a lawsuit over the service’s $11 billion order of rockets from SpaceX-rival United Launch Alliance. SpaceX filed the lawsuit April 28, asking the U.S. Court of Federal Claims to void a large portion of the deal, under which the Air Force ordered 36 rocket cores from ULA on a sole-source basis. The U.S. Department of Justice, representing the Air Force, has asked the court to dismiss the case. But Judge Susan Braden on July 24 directed the two sides to explore a third alternative: mediation. Braden asked SpaceX to provide, by Sept. 10, a list of proposed issues for mediation, potential mediators and a timetable. The Air Force will then have until Oct. 14 to determine whether SpaceX’s proposed terms for mediation are acceptable.
- Five mediation secrets can change life
I’ve been a lawyer for almost 30 years and a mediator since 1990. I’ve learned how to help resolve people’s problems, getting them not only what they say they want, but what they really want and aren’t telling me. I have five secrets that have changed my life and those of the people I work and play with. I’ll let you in on these secrets. Use them wisely. They are powerful tools.
Read All News
|Caseload Manager is the World’s #1 Mediation Case Management System
Caseload Manager is the world’s leading cloud-based case management system for mediation and ADR programs. See our representative systems andtestimonials. Schedule a personal tour here.
|Jobs(for Premium Members)
Post Job Listings: here
- Mediation Education Specialists – NY
- EEO Specialist – MA
- Human Resources Generalist – FL
- Case Manager – IL
- Mediator – OH
- Employment Specialist – CO
- Executive Director – MD
- Mediation Services Coordinator – FL
- Mediation/Arbitration Specialist – MI
- Mediation Clinic Fellow – MA
Read All Jobs
|Basic 40 Hour Mediation Training – Now Streaming Online!
Dr. Clare Fowler, Instructor
There is no more convenient or affordable way to take a 40-hour Mediation Training. Dr. Fowler’s course is now available by online streaming (6 month access). This 40-hour course satisfies most state and court basic mediation requirements. Click here for more information.
|Training & Conference Calendar
- August 2 – San Rafael, CA – Realigning with Your True Self
- August 4-9 – Malibu, CA – Mediating the Litigated Case 6 Day Program
- August 4-6 – Dallas, TX – Family Mediation with Dr. Nancy Ferrell
- August 11 – San Rafael, CA – Free Forgiveness Teleseminar
- August 11-13 – Chicago, IL – 2.5 Day Training in Elder Mediation
- August 18-22 – Los Angeles, CA – 30 Hour Basic Mediation Training
- August 18-22 – Chicago, IL – Divorce and Custody Mediation Training
- August 18 – San Rafael, CA – Free Forgiveness Teleseminar
- August 18-30 – Brussels, Belgium – Become a Qualified International Mediator
- September 4-6 – Maynooth, Co. Kildare, IRE – International Mediation Conference
- September 5-14 – Santa Fe, NM – 40 hr. Basic Mediation Training
- September 6 – San Rafael, CA – The Power of Asking for Forgiveness Free Workshop
- September 8-12 – Denver, CO – Basic Mediation Training 40 hrs.
Visit Complete Calendar
|Editors: Jim Melamed and Clare Fowler. We welcome comments and feedback. Send your comments to firstname.lastname@example.org.
We encourage you to write an article for The Mediate.com Weekly. Please review our submission guidelines.
The Mediate.com Weekly is distributed to over 14,000 opt-in mediators and ADR professionals. You can include a 100-word newsletter announcement in The Mediate.com Weekly with a headline, link and contact information for $399. There is no faster or better way to reach the mediation and ADR fields. More information is here.