April Mediation News
From Thomas P. Valenti, P.C. at Valenti Law
In This Issue
Confidentiality Legislation
Looking for Trouble
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Nevada and New Mexico Introduce Mediation Confidentiality Legislation
 

Nevada and New Mexico have recently introduced legislation to establish confidentiality for mediation communications, with articulated exceptions.

Such legislation is intended to encourage greater use of mediation by ensuring clear confidentiality protections. Nevada's bill would enact the Uniform Mediation Act (UMA) which was drafted by the National Conference of Commissioners on Uniform State Laws.
 
Nevada also incorporates the United Nations Model Law on International Commercial Conciliation, which is a supplement to the UMA for international commercial mediations, unless the parties agree otherwise.
 
By contrast, New Mexico's Mediation Procedures Act tracks some of the UMA language but deviates significantly from the UMA.
For questions, comments, etc., contact me at 312.832.7720 or by clicking here.
 
Sincerely,
 
Thomas Valenti
Thomas P. Valenti, P.C.
Kentucky Farmers, U.S. Army Turn to Justice Sandra Day O'Connor to Mediate

Retired Supreme Court Justice Sandra Day O'Connor has offered to mediate a half-century old dispute between several Kentucky farming families and the U.S. government.

The U.S. Army forced the sale of 36,000 acres of Kentucky farmland during WWII for military purposes, and later sold the mining and drilling rights for $30 million after discovering natural oil and mineral reserves beneath.

The dispute has gone unresolved for decades. M. Stephen Pitt, the attorney representing the farmers, says, "I certainly would be optimistic that if anyone can help get the parties together, [Justice O'Connor] will be able to."

Read the full article here.
 
Looking for Trouble

Good mediators look for trouble. No dispute is ever as simple as the party would have you believe. The thoughtful mediator understands that the solution of the stated problem generally requires the discovery and treatment of other "hidden" or unexpressed problems. Such problems are encountered at multiple sites in the dispute.

Most people who ask for assistance in solving problems do so because they have not previously been able to solve the problem. This is often so because they do not fully understand the complete extent of the problem. This, in turn, is commonly the result of viewing the problem exclusively from their perspective. This narrowness of vision is typically the result of not actively and empathetically listening to the adversary.

Read the rest of the article here.
 
This article courtesty of Mediate.com
Ways You Can Cope With Stress 
Stress is an inevitable part of life, and we'll never be able to get rid of it completely. So, how can we cope with stress?
 
Rule #1:  Get enough sleep. This is the first area that people fail in. They feel that because there is so much to do they need to cut back on sleep in order to get more time in their day. Try to find a balance in your sleep cycle. Go to bed the same time each night and get yourself into a routine that your body can count on.
 
Rule #2: Eat a balanced diet.
What does diet have to do with stress? Everything! Our bodies need to run as a well tuned engine. You need a balanced diet with fruits and vegetables and lots of water to keep running well.
 
Rule #3: Stop Procrastinating
Procrastination is the biggest stress producer. If you don't have time to tackle your problems all at once, at least put aside some time each day to work on a part of the problem. A mountain is moved one stone at a time, so start moving your "stones" and you'll get rid of your mountain.
 
Rule #4:  Manage Your Time Effectively
Just like money, time also must be budgeted. Make sure to take some time to work, deal with problems, and relax.  Yes, be sure to include relaxation time for yourself, even if it is only 15 minutes a day. Add it to your schedule, and make sure you take this time for yourself. 
 
Stress is like the bully at school who keeps coming around to taunt you. You can let him have your candy, or you can stand up and do something about it. The choice is yours!