January Mediation News from Thomas P. Valenti, P.C.

Thomas Valenti, P.C.

January 2010

January Mediation News
From Thomas Valenti, P.C.

What is Mediation?

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.

"What you do speaks so loudly that I cannot hear what you say."

- Ralph Waldo Emerson

Momentum is rapidly building for the 3rd Mediators Beyond Borders Annual Congress, to be held in Washington D.C. from March 5-7. The Congress will be featuring presentation from Bernie Mayer, internationally-recognized leader in the field of conflict resolution; Joan Goldsmith, Santa Monica, Calif., USA and MBB President Ken Cloke, Santa Monica, Calif., USA.

Click here to listen to the audio invitation...

Read more here...

Mr. Valenti is working with Mediators Beyond Borders to increase its membership both in the United States and abroad. If you are interested in membership, please contact him directly or visit this link http://www.mediatorsbeyondborders.org/contribute/join_MBB.shtml

Mr. Valenti continues his work on The Hurricane Katrina project and the Middle East Initiative and is also working in conjunction with mediators in Italy to conduct a training and symposium in Assisi in early October 2010. If you are interested in participating, please contact Mr. Valenti directly.

Class Action Alleged Marketing Was Misleading

Ill App - Civil - Arbitration / Class Actions

Carr v. Gateway, Inc., No. 5-07-0711 (5th Dist. Nov. 24, 2009) SPOMER (Madison Co.) Affirmed.

Class action alleged that marketing was misleading about benefits of Pentium 4 computer. One member of class purchased computer at Gateway Stores, subject to agreement containing clause requiring arbitration with National Arbitration Forum (NAF); however, NAF later ceased administering consumer arbitrations. Specific designation of NAF as exclusive arbitration forum was integral part of Agreement's arbitration clause, thus court properly denied motion to compel arbitration based on unavailability of NAF.

Read more here...

Trilogy of U.S. Supreme Court Cases Favor Arbitration

In the latest In the Alternative, newsletter of ISBA's Section on ADR, Bob Wells writes about three U.S. Supreme Court cases of the last term that "generally (but not universally) continues its trend favoring arbitration."

He continues: "These cases follow the reiterated federal policy favoring alternative dispute resolution, in general, and arbitration, in particular. However, unanimity is not a mainstay of the opinions...."

Click here to read more.

"And in the end, it's not the years in your life that count. It's the life in your years."

- Abraham Lincoln

Appellate Court Says Dismiss or Arbitrate Case Against AG Edwards

The Fifth District Appellate Court reversed Madison County Circuit Judge Daniel Stack who had denied arbitration in a case brought against A.G. Edwards and Sons.

Justice Stephen L. Spomer authored the court's decision, writing that the suit against A.G. Edwards should have been either dismissed or brought to arbitration instead of to circuit court.

Carol Hollingshead originally filed the complaint alleging a financial consultant at A.G. Edwards mismanaged an elderly woman's finances.

The finances in question belonged to Selma Elliott, who passed away at the age of 101 on Nov. 3, 2003, with shares in Merck stock. Controlling the stock was financial consultant Leonard Suess, who was Elliott's son-in-law.

Read more here...

"Our patience will achieve more than our force."

- Edmund Burke

Delaware Foreclosure Mediation Program Off to Slow Start

Only five homeowners have participated in Delaware's statewide foreclosure mediation program since its launch in September. According to The News Journal, approximately 1,500 foreclosures went through the courts during that same time. Program administrators at the Delaware State Housing Authority attribute the small number of mediations to homeowners' lack of knowledge about the program. Information about the program is included in each foreclosure notification, but efforts are now being made to go door-to-door to educate homeowners about the option to mediate. Administrators are also working to amend the state law that creates the program to give homeowners more time to request mediation. Right now, homeowners only have 15 days after receiving their foreclosure notice to request mediation.

To read the full article, click here.

"Develop serenity and quiet attitudes through your conversation. Depending upon the words we use and the tone in which we use them, we can talk ourselves into being nervous, high-strung, and upset. By our speech, we can also achieve quiet reactions. Talk peaceful to be peaceful."

- Norman Vincent Peale

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