Welcome to 2007! You can look forward to
receiving this newsletter with current mediation news
on a monthly basis, and I welcome your comments
and suggestions. You'll find a links at the bottom of
this newsletter to send me an email, visit my
website, or call me directly. Best wishes for a
happy, healthy, and prosperous New Year!
$8 Fees Fund Illinois Arbitration Program |
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Lawsuits are about to get more expensive in Madison
County, Illinois. Civil lawsuits filed in the Illinois
county after December 31, 2006, will be assessed an
additional $8 The collected proceeds will help fund
the 3rd Judicial Circuit’s new mandatory arbitration
program, scheduled to begin operation on July 1. At
that time, all suits seeking between $10K-$50K in
damages will first be sent through arbitration, writes
Brian Brueggemann in the Belleville News-Democrat
article, “New small damage suit rule: arbitration first,
then court.” Based on similar pilot programs, the
3rd Judicial Circuit’s arbitration program will not only
accelerate the dispute resolution process for all
parties, but also reduce the number of jury trials and
subsequently the number of citizens needed for jury
duty, notes Madison County Circuit Judge Dan Stack.
Chief Judge Ann Callis said, “All of the circuit and
associate judges who were involved are very excited
about starting alternative dispute resolution in
Madison County.”
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Elder Mediation Gets Families Talking, Agreeing |
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Elder mediation is a growing specialty within the
mediation field. Trained mediation professionals are
helping families find solutions to one of life’s most
difficult challenges: caring for elderly loved ones
when they are no longer able to care for
themselves. Maggie Johnson, in her 12/3/06
Boston Globe piece, “Mediators ease decisions on
elders,” characterizes elder mediation as “an
important tool for dealing with a new challenge: long-
distance caregiving in a long-life-but-bureaucratic
age.” She shares the successes of families who have
chosen mediation to facilitate dialog and resolution.
For example, Alessandra Nichols participated in a
family mediation to determine how to best care for
their recently windowed, 87 year-old
mother. “People got to say what they wanted to
say, people got to be heard,” said Nichols. “We were
face to face saying these things together...”
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National Arbitration Forum Issues Decision on Domain Name Dispute |
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The New York Yankees, one of the world's most
recognized and followed professional sports teams,
submitted their complaint electronically on September
14, 2006. The National Arbitration Forum found that
the domain name, nyyankees.com was being used by
Covanta Corporation to display links of third-party
commercial websites that sell tickets to baseball
games as well as merchandise bearing the New York
Yankees mark without authorization. The
arbitrator found that the domain name was
confusingly similar to the New York Yankees'
trademark and that the Respondent of
nyyankees.com had no legitimate interest in the
domain name. Furthermore, the domain name was
being used to attract Internet users for commercial
gain by creating a likelihood of confusion between
the disputed domain name and Complainant's mark.
Therefore, the domain name was registered and
being used in bad faith. The National Arbitration
Forum ordered NYYankees.com to be transferred to
the New York Yankees on November 14, 2006.
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What is Mediation? |
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Mediation is a process in which a neutral
and
impartial third party (the mediator) facilitates
communication between negotiating parties which
may enable them to reach an agreement. Mediation
is an efficient and cost effective method for the
resolution of both simple and complex cases.
When is Mediation Appropriate?
Mediation is appropriate when parties want
to preserve their ongoing relationships or terminate
an existing relationship in the least adversarial and
most cooperative way.
Learn More...
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