| Thomas Valenti, P.C. |
February 2010 |
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| February Mediation News
From Thomas Valenti, P.C. |
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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.
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"Forgiveness is the act of admitting we are like other people."
- Christina Baldwin
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Conflict Management Professionals as Early Responders to Disasters - a Call for Comments
Written in collaboration with Amaza "Scottie" Reid, Mediator, Assistant Attorney General, Maryland and Adjunct Professor, University of Baltimore School of Law
 As we all viewed the horrific effects of the earthquake in Haiti, thinking back to other "disasters" of recent memory - the Katrina experience as well as the Tsunami - I think we can all agree that these disasters may bring the best out in people and also, at times, the worst. Some of us may have lived through the stress of a loss of a family member; damage to personal property; a missing relative; temporary hunger or thirst; loss of phone service; etc.
Read more here...
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Arbitration Clauses
Trover v. 419 OCR, No. 5-09-0145 (5th Dist. Jan. 12, 2010) (St. Clair Co.) Affirmed in part, reversed in part; remanded.
Arbitration clause in operating agreements specified that the controversy must be "between the parties". Non-parties to agreements cannot enforce arbitration clauses therein. Development group and golf club were not party to operating agreements, as no indication that signatories were signing on behalf of or in name of those LLCs, and thus the LLCs were not bound by arbitration clauses therein.
Read more here... |
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"We either make ourselves miserable or we make ourselves happy. The amount of work is the same."
- Carlos Castaneda |
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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...
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. | |
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"I don't have to attend every argument I'm invited to."
- Anonymous
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South Carolina Supreme Court Invalidates Agreement, Refuses to Appoint Alternate Arbitrator Upon Administrator's Refusal to Hear Healthcare Dispute
The South Carolina Supreme Court has held that section 5 of the Federal Arbitration Act (FAA) does not allow for the appointment of an alternate arbitrator when the designated administrator refuses to hear the parties' dispute, finding that the selection of an arbitrator implies the waiver of certain procedural rights and that the selection of an arbitral forum is therefore a "material term."
In Grant v. Magnolia Manor-Greenwood, Inc., No. 26668, 2009 WL 1678204 (S.C. June 15, 2009), Grant admitted his wife to the Magnolia nursing home facility. Upon admission, Grant executed the admission contract on his wife's behalf. The contract contained a broadly-worded arbitration agreement specifying the National Health Lawyers Association, later the American Health Lawyers Association (AHLA), as the arbitration administrator.
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ADR Websites and Organizations
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Family Law, Family Business Disputes, Employment Disputes, Probate Disputes |
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