FMCS says early investments in virtual mediation paying off during pandemic

“Obviously like a lot of other agencies and organizations, what we had to do in the national emergency condition was move our entire workforce to the virtual state,” Flax said. “But because we had a decent background in it, it’s actually been going pretty well.”

Today, all 150 federal mediators are connected and conducting virtual mediation using at least one video conference platform, Flax said.

The service recently hit a new milestone: Mediators have conducted more than 1 million minutes of online meetings using their main video platform within 30 days.

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Mediation in Family Law Cases During COVID-19

Many family law attorneys would argue that alternative dispute resolution (ADR) formats such as mediation, arbitration and collaboration are more effective than litigation in family law cases. Due to COVID-19, ADR (most often mediation) is the only immediate option available for many. Some family courts are conducting hearings remotely via Zoom, but for the most part they are not able to address non-emergent disputes. As of now, judges are not compelling mediations via Zoom, so attorneys and/or clients have to agree to participate. Users are reporting great results from Zoom mediations, but there are pros and cons to consider.

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Court online dispute resolution now available in Oakland County

The Michigan Supreme Court’s online tool for resolving certain legal disputes has been expanded to Oakland County.

The court’s Office of Dispute Resolution has made the service, MI-Resolve, available in 18 counties so far. The service allows for virtual resolution of disputes that would otherwise be filed as small claims, civil cases or landlord-tenant cases in district court.

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Workplace disputes can opt for online resolution

The CRT – Canada’s first online tribunal – resolves motor vehicle disputes of up to $50,000, small claims disputes of up to $5,000, and strata property, societies and co-operative associations disputes of any amount. The tribunal remains fully operational, with staff members working remotely. The CRT is also not issuing any default decisions or orders until at least after May 15, has the authority to extend deadlines and limitation periods while B.C.’s emergency declaration persists and will exercise its discretion to waive fees for anyone who is in a difficult financial situation due to COVID-19. Those on a government assistance program are already eligible for the CRT’s fee waiver program.

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Understanding ‘Collaborative Divorce’

When thinking about divorce, we often equate it with the legal process, divorce court and divorce lawyers. But divorce, is obviously much more than a legal process. Divorce is a multi-dimensional transition which impacts not just the law, but also the family’s finances, emotions and parenting. It is for that reason that in a collaborative divorce, divorcing spouses have at their disposal, and are best served by, other professionals who bring expertise and assistance to the family beyond the lawyers.

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Wayne County Dispute Resolution Center offers online mediation

“Being able to offer people an online means of resolving disputes is especially helpful during this critical time,” said Siham Awada Jaafar, president of WCDRC board of directors. “In keeping with recommendations by the Michigan Department of Health and Human Services (MDHHS), our staff is working remotely. We’ve currently postponed in-person programs and services until further notice.”

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Casitas pulls out of mediation talks over Ventura River water adjudication

An Ojai Valley water district has pulled out of mediation talks with the city of Ventura and others after months of negotiation over water rights.

Those talks started after the city of Ventura filed a cross-complaint in response to a 2014 lawsuit over its own pumping from the Ventura River. Santa Barbara Channelkeeper had filed the lawsuit, alleging the city of Ventura was taking too much water from the river, hurting habitat for steelhead trout and other wildlife.

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Resolving Medical Malpractice Matters - Positive Outcomes Through Mediation

There are numerous benefits associated with using mediation to resolve medical malpractice disputes. The mediation process affords both parties more control over the process, often reduces the cost of litigation, and can expedite dispute resolution for all. Medical malpractice mediation also presents its challenges. Given the nature of medical malpractice claims, the atmosphere at these hearings can be tense, and negotiations can be emotionally charged. What follows illustrates the importance of understanding the nuances of medical malpractice matters whether one is an advocate or a neutral seeking to assist the parties to reach a settlement.

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A Fact-finding meeting to assess the mediation scheme in Latvia took place in Riga on 2 and 3 March 2020

RIGA (LATVIA) 2 AND 3 MARCH 2020

On 2 and 3 March 2020, the CEPEJ organised a meeting in Riga aiming at conducting an assessment of the Mediation scheme in Latvia. The experts, who are former members of the CEPEJ Working Group on mediation, therefore thoroughly exchanged with the key actors of mediation (mediators, judges, lawyers, ministry of justice) in order to collect as much information and data as possible to draft the Assessment report, on which the rest of the Action will be based. The setting up of a mediation pilot project has also been discussed with the Latvian authorities. This meeting directly followed the “Round table to present CEPEJ-GT-MED tools” which was organised in Riga on 21 February, where concrete tools developed by the CEPEJ Working Group on Mediation and aiming at developing the use of mediation were presented to relevant stakeholders.

This activity was organised in the framework of the joint Council of Europe and European Union project “Strengthening the access to justice in Latvia through fostering mediation and legal aid services, as well as support to the development of judicial policies and to increased quality of court management” funded through the European Commission’s Structural Reform Support Programme.

Source: https://www.coe.int/en/web/cepej/-/a-fact-...