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Mediation under National Law: United States of America

Details: 44 IBA Legal Practice Division MEDIATION COMMITTEE NEWSLETTER August 2005 Before 1998, the mediation rules of California were spread over seven different Codes until that state adopted a comprehensive mediation statute as part of

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The Role of Law in Conflict Management

Details: The task of this paper is to explore the relationship between law and conflict management. This paper has four components: stated assumptions of law, underlying values that affect the relationship, the impact of the legal process on present day forms of dispute resolution models, and questions for future ponderings. The conclusion of this paper expresses the beliefs of this learner's present

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What is Collaborative Law

Details: What is Collaborative Law? Collaborative law is a new way to resolve disputes by removing the disputed matter from the litigious court room setting and treating the process as a way to "trouble shoot and problem solve" rather than to fight and win. As part of the collaborative law method, both …

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How to Manage In-Laws Post Divorce

Details: When I got married, I found that one of the strangest transitions wasn’t to being newlyweds or calling him my husband but was more related to my new in-laws. I think that often in-laws, especially mothers-in-law, have gotten a bad rap in popular culture. While I have certainly known some friends

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Uniform Mediation Act

Details: The Committee that acted for the National Conference of Commissioners on Uniform State Laws in preparing the Uniform Mediation Act was as follows: MICHAEL B. GETTY, 1560 Sandburg Terrace, Suite 1104, Chicago, IL 60610, Chair. PHILLIP CARROLL, 120 E. Fourth Street, Little Rock, AR 72201.

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California's Mediation Code

Details: California's Mediation Code. Summary: As of January 1, 1998, mediation law across seven different California codes is repealed, amended and unified into a new Evidence Code chapter. It governs mediation in the fields of civil actions, insurance, the environment, family, labor-management, community, agency actions, etc.

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New California Law Requires Informed Consent to Mediation

Details: California’s mediation confidentiality laws are laid out in Sections 703.5 and 1115 to 1129, inclusive, of the Evidence Code. Those laws establish the confidentiality of mediation and limit the disclosure, admissibility, and a court’s consideration of communications, writings, and conduct in connection with a mediation.

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Crime and Punishment

Details: In our society's criminal justice system, justice equals punishment. You do the crime, you do the time. You do the time, you've paid your debt to society and justice has been done. But justice for whom? Certainly not the victim.Victim-offender mediation, with its focus on restorative justice, cannot provide all of the answers to our crime problem, but it is an essential part of the solution.

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Every Workplace Has a Culture

Details: Laws. Most workplaces generally share a certain body of laws imposed upon them from greater society. In non-union or common law workplaces these laws are an amalgam of statutory minimum requirements like employment standards, occupational health and safety, workers’ insurance, human rights, pay equity legislation and the common law of employment.

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10 Things to Consider Before Signing a Prenuptial Agreement

Details: Attorney Debra L. Smith is an attorney in Watertown, Massachusetts.She is also licensed to practice law in Colorado. Attorney Smith provides personalized legal services with a concentration in family and juvenile law, including divorce (issues such as alimony, child support, parenting plans and division of marital assets), paternity, adoption, modification, and care and protection matters.

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Do We Need Laws to Help Us Say Sorry

Details: Do We Need Laws to Help Us Say Sorry? On the last day of the year, like many of you, I find myself reflecting on the events of the past 12 months, the highs and lows, the tensions and the takeaways. Here is one of the takeaways. In January this year I spent a day hiking through some spectacular scenery in …

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Mediating and Resolving COVID-19 Related Contract and

Details: Others may refer to “government order” or “shutdown order”, “government acts, regulations, rules or laws” or “acts of civil or military authority” which would also be helpful because for many businesses, the shutdown orders were the triggering event. A few factors apply to specific types of contracts.

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Two Different Mediators – Moses and Jesus – and the Place

Details: Moses and Jesus served as mediators between man and God, Moses as the messenger in the Laws of the Old Testament, Jesus as the fulfillment of the law in the New Testament. Moses brought the Ten Commandments to the people of Israel at a time when their conduct warranted a need for the laws to be codified on tablets.

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Beyond Civil Rights: The Case for Enforcement of

Details: There are numerous civil rights laws in the United States, but unfortunately, none of them apply to racially based harassment. The Civil Rights Act of 1964 : Prohibits discrimination on the basis of race, color, religion sex, or national origin in the areas of employment, education, voting and public accommodations

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UNIFORM ARBITRATION ACT

Details: Laws in preparing the Revised Uniform Arbitration Act is as follows: FRANCIS J. PAVETTI, 83 Huntington Street, New London, CT 06320, Chair FRANCISCO L. ACEVEDO, P.O. Box 190998, 16th Floor, Banco Popular Center, Hato Rey, PR 00919

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Mediate.com Task Force on Online Mediation Training Global

Details: Commerce, compiled and advocated for draft laws, modeled after the UNCITRAL Model law on International Commercial Conciliation. This task force first brought a draft of their proposed mediation law to the disinterested DUMA for consideration in 2006, and then re-submitted a sanitized revision in 2010. The revised law, passed in 2011, was hailed

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From Behind the Glass: Mandatory Family Law Mediation

Details: Amanda Fletcher is a law student at Pepperdine University School of Law and certificate student at the Straus Institute of Dispute Resolution. She is a member of the Pepperdine Law Review and Pi Delta Phi Legal Honor Society. Ms. Fletcher has several years of divorce and family mediation experience in Ventura County.

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Mediation And The Right To Privacy: Confidentiality, The

Details: Statutes excluding mediators from testifying vary from state to state and can be trumped by federal laws. The right to raise one’s children as a privacy right has been interpreted through the protection of “liberty” in the Fourteenth Amendment. About a hundred years ago the court began to interpret “liberty” as including certain

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Mediated Settlement Agreements in India

Details: It also draws a comparative analysis with laws of major dispute resolution hubs worldwide and concludes with lessons that India must follow to make its meditation regime more efficacious and party-friendly. Reason 1 - No Proper Law or Mechanism for Enforcement of Settlement Agreements.

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The Role of Restorative Practices in Effectively

Details: Numerous federal and state laws prohibit gender discrimination and harassment in the workplace. Under Title VII of the Civil Rights Act of 1964 and state antidiscrimination statutes, an employer must not impose adverse employment actions or otherwise discriminate against individuals based on gender.

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Negotiation and Mediation: Is that a Law Student's Cup of Tea

Details: In doing so, everyone keeps their bare Acts and case laws aside and only focus on finding mutually agreeable options which satisfy the underlying interests and needs. Participating in negotiation and mediation also helps in improving your personality at a very early stage as an assertive, confident, and developed lawyer.

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Thirty FAQ’s for California Mediators on Ethical

Details: The Uniform Mediation Act, if passed in California, would generally weaken the California laws on Mediation Confidentiality. The Uniform Act’s broad list of “exceptions” to Mediation Confidentiality is set forth in the Uniform Mediation Act, Section 6 (a)-(d).

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Email In The Workplace: Avoiding Legal Landmines

Details: Shawn Smith, J.D. is a speaker, author, consultant and attorney, and the founder and president of Next Level Consulting, LLC, a firm specializing in the design and development of collaborative solutions enabling growing companies to improve their business effectiveness. Shawn has 20 years' experience as a senior corporate executive, attorney and consultant, helping public, private and non

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Mediation in Russia

Details: The basis of mediation procedure in Russia was established by Federal Law No. 193-FZ, which came into force on 1 January 2011. A series of amendments have been proposed, some as recently as in 2019, but the law currently remains in force as a voluntary mediation opportunity for civil litigants who opt into the process.

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Special Education In a Pandemic: A Legal and Guideline

Details: This paper helps Conflict Resolution Practitioners update their expertise by summarizing current federal legal guidelines, laws and regulations, and expectations from Public Authorities, during the COVID-19 Pandemic. The paper also reviews the expectations and rights of State Education Agencies, Local Education Agencies, and parents or guardians of children with disabilities during this

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This paper will define what issues may arise in a multi

Details: standards, practice, traditions and laws in a multi-jurisdictional case. It is not the mediator ’s job to change the mediation traditions that exist in different jurisdictions. It is the mediator ’s job to understand the potential differences, spot the complex issues

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Mediation In Poland

Details: Basically, commercial laws defined the relationship between the state agencies and set production targets. In the new economic era many new laws (such as property, evidence, banking, bankruptcy laws) had to be implemented to meet the needs of a market economy.

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New Supreme Court Arbitration Decision – GE Energy v

Details: By examining the history of modern arbitration laws and the original intent behind these laws, this book demonstrates how the U.S. Supreme Court has grossly misconstrued these laws. Professor Szalai has also presented written testimony to Congress regarding arbitration law. In connection with litigation, he has written several amicus briefs and

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5 Realities About Prenuptial Agreements -- Why Having One

Details: Applying these state laws at the time of divorce is more sensible than anything the parties can think of years before the divorce occurs. If a “better” result than would be obtained by state divorce laws accrues to the party who initiated the premarital agreement, that “better” result is by definition unfair and a result of overreaching.

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Mediation Advocacy: A must for law students in India

Details: Mediation Advocacy: A must for law students in India. by Shantha Chellappa. August 2021. “Advocacy is a conscious act of support, expressed by speaking or writing on behalf of another person, an idea, a cause or a policy.”. Advocacy involves problem-solving approach designed to protect the interests and rights of an individual or a group.

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Recent Amendments to Arbitral Laws: India and Singapore

Details: Recent Amendments to Arbitral Laws: India and Singapore. Two important arbitral jurisdictions in Asia have recently amended their arbitration laws. On November 4, 2020, the President of India passed an ordinance amending the Arbitration and Conciliation Act (the Indian Act), which entered into force with immediate effect.

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Bargaining in the Shadow of the Law

Details: Bargaining in the Shadow of the Law. Fair enough, dark chocolates and mediation share the same resemblance or mutually have a lot of similarities. These two have been used from 2000BC; they have different articles from different centuries that have been published about …

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A Collaborative Process to Resolve International Business

Details: In other forums, statutory laws are being considered to address problematic matters of enforcement. This is the case in the State of New Jersey in the United States. In New Jersey, a law is currently being considered which would have similar characteristics.

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Mediation in the Workplace: Two Case Studies

Details: Mediation in the Workplace: Two Case Studies. Edited version first published in SBN Magazine, October, 2003 and reprinted with permission. More and more people in the business world are hearing about the uses of mediation as a useful alternative to litigation in resolving disputes between employees, between labor and management, or between the

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New California Law Prohibits Pre-Dispute Employment

Details: These laws will help change that.” That move is a big change from Newsom’s predecessor. The new law is a reintroduction of an identical 2018 bill that was vetoed by then-Gov. Jerry Brown, also a Democrat–the second time Brown vetoed legislation restricting arbitration.

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Negotiating Custody with High Conflict Couples

Details: Ryan (1995) acknowledges that despite growing societal awareness and laws designed to protect abuse victims, domestic violence continues to increase. Once believed to be an uncommon occurrence, it is now recognized as affecting many in society (O’Keefe, 1994).

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Change Is Coming: Tax Reform Act Punishes Divorcing Couples

Details: Change Is Coming: Tax Reform Act Punishes Divorcing Couples. The new act aims to prevent this “nefarious” practice, often labeled as a divorce subsidy, by rendering alimony payments as after tax income, beginning with the 2019 tax year. Thus for couples divorcing in 2019 and, for …

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What Challenges Should the Proposed Mediation Act of India

Details: Regulatory Authority: As mentioned above, the ‘competent authority’ regulating mediation proceedings especially the ‘court-annexed’ mediation is prescribed in relevant domestic laws and in respective High Court Rules, Civil Procedure Code, 1908 etc. depending on the dispute.

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What Happens If You are Getting a Military Divorce

Details: To clarify -- federal laws may determine which court has jurisdiction or how military pensions are divided, whereas state laws may determine how spousal support (alimony) is awarded. Because much of the final outcome of your military divorce depends on state law concerning property distribution, child custody, and child support issues, you need

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Arbitration in Africa: Past, Present, and Future

Details: First generation arbitral laws are those emanating from the colonial era. Second generation arbitral laws typically find their roots in French and UK arbitral laws such as the 1950 Arbitration Act and the French Civil code and are thought to have been heavily influenced by the proliferation of arbitration in Europe.

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The UNCITRAL Convention on Enforceability of Settlement

Details: In February 2015, the U. N. Commission on International Trade Law (UNCITRAL) Working Group II (Arbitration and Conciliation) met in New York to consider the case for a Convention on the recognition and enforcement of international settlement agreements achieved through mediation. The task was to report on feasibility and the possible form of work in that area.

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Are You Really Ready for Divorce

Details: Bruce Derman Ph.D. is a licensed clinical psychologist who is committed to assisting couples move through the divorce process in a way that is constructive for the entire family. He uses divorce models that are uniquely designed for the moderate to high conflict couple. He comes to divorce work from his love in helping people resolve their conflicts and impasses, and his book, “We’d Have a

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Confidentiality in Federal Alternative Dispute Resolution

Details: Confidentiality in Federal Alternative Dispute Resolution Programs (2000) Introduction. The subject of the document is confidentiality, which is a critical component of a successful ADR process. Guarantees of confidentiality allow parties to freely engage in candid, informal discussions of their interests in order to reach the best possible

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Using the 17 Factors of Alimony in PA in Divorce Mediation

Details: The 17 Factors of Alimony in PA. The relative earnings of both spouses. The duration of the marriage. The ages and physical, mental and emotional states of the two spouses. The sources of income of both spouses. This includes medical, retirement, insurance or other benefits. The expected future earnings and inheritances of …

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Colonialism, Crime, and Dispute Resolution: A Critical

Details: Some laws and policies were directed at the heart of First Nations' culture and spirituality. For example, gatherings such as potlatches and sundances were outlawed, while Christmas celebrations were encouraged (Sinclair 1997, 10; Hamilton 2001, 87). It was illegal to practice traditional healing or even to possess medicine bundles (Ross 1996, 47).

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