$14 million dispute over Blackbeard pirate ship goes to mediation

 A $14 million legal dispute between a treasure-hunting company and the state over access and media rights to Blackbeard's pirate ship has been sent to mediation. The case is pending with the N.C. Office of Administrative Hearings, and as of last week was referred to outside mediation. If the mediation fails, the case returns to the Administrative Hearings office for a hearing before an administrative law judge. Intersal Inc. of Florida, which discovered the wreck of Queen Anne's Revenge off the North Carolina coast in 1996, says in a petition filed March 2 that the state has


Conflict and Psychological Development: “Six Stages of Conflict Reasoning”

In the 1960’s the psychologist Lawrence Kohlberg (1927-1987) listed six stages of moral development which are broken down into three main stages: Pre-conventional, Conventional and Post-conventional. Kohlberg says these stages can’t be jumped, you have to go through them in order. And they are universal, they apply no matter what culture you’re in. With a little thought we can link these to conflict and conflict resolution. Kohlberg’s stages don’t only tell us about a person’s moral reasoning, they also tell us what kind of conflict they get into and how we can help them to deal with it.


Mediation in the Future of Policing

The future of policing must incorporate mediation.   No other profession places its practitioners more in the middle of challenging situations; police officers are regularly expected to make difficult conversations work on the spot.  At first blush, it may appear as though police mediation is an oxymoron, that policing and mediation are untenable.1   And, in fact a strong case can be made that this is true.  However, despite all of the challenges and as strange as it may seem, an equally compelling case can be made that there is a natural fit with each other.


RadioShack agrees to mediation over sale of customer data

WILMINGTON, Del. (AP) — A Delaware bankruptcy judge said Tuesday that he's willing to approve bid procedures for the sale of RadioShack's intellectual property, including data on millions of customers. But he warned there's no guarantee he will approve the sale itself. RadioShack, which won court approval last month to sell more than 1,740 of its stores to hedge fund Standard General LP, is now seeking to auction off its intellectual property assets. Those assets include the RadioShack trademark, brand labels such as Realistic, patent applications and — to the


Judge recommends mediation between mall, yogurt business.

At a pretrial hearing in a lawsuit filed by the Charleston Town Center against a West Virginia yogurt business, a Kanawha County judge on Thursday recommended mediation for the two sides and received a letter indicating bankruptcy proceedings underway for a longtime state legislator. The Town Center filed the lawsuit last year against Sweet Frog of Charleston, Cory Jessee, Richard Jessee, Charles Sellers, James Garcia, WV Fro Yo, and two West Virginia delegates, Patrick Lane and Ronald Walters, both R-Kanawha. Lane and Walters are members of WV Fro Yo.


Use and Perception of International Commercial Mediation and Conciliation: An Empirical Study

S.I. Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri School of Law, has published, “Use and Perception of International Commercial Mediation and Conciliation: An Empirical Study,” 21 Harvard Negotiation Law Review (2015), Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2015-07. In her paper, Professor Strong examines empirical data collected about the use and perception of commercial mediation and conciliation in both the international business and legal arenas.


Lawmaker sex harassment claims go to mediation

FRANKFORT, Ky. – The longstanding, high-profile lawsuits of legislative staff members accusing state representatives of sexual harassment, retaliation and other misconduct are headed to mediation. Attorneys for three women and the Legislative Research Commission, a defendant in the cases, said Tuesday that all parties have agreed to mediation that they hope will finally resolve the cases. "We're optimistic it's going to succeed and we're looking forward to getting together with all of the parties to resolve our differences," said Louisville attorney Thomas Clay, who


A Top Ten List of Keys to Success in Court-Ordered Mediation

Given that virtually all state court civil cases end up in mediation, and less than 2% of all filed federal and state cases ever reach trial, mediation advocacy is gradually replacing trial advocacy as the key skill in the litigator’s tool box. Consequently, in descending order is a Top Ten List of practice tips for advocates in court-annexed mediations, although most will have broader application to all mediations.


Gov. Rick Scott and Cabinet move to mediation in Sunshine lawsuit

TALLAHASSEE — After weeks of behind-the-scenes legal combat, Gov. Rick Scott and Cabinet members will dispatch their lawyers to mediate differences with Florida news outlets in a lawsuit accusing all four officials of violating the Sunshine Law.The closed-door mediation session Wednesday in Tallahassee postpones a scheduled videotaped deposition of Gerald Bailey, the ousted commissioner of the Florida Department of Law Enforcement. Bailey's secretly hatched dismissal triggered the lawsuit and has led to a series



Connie Theron, Practising Attorney - UCT Law Clinic
“While working at the University of Stellenbosch Legal Aid Clinic and later at the UCT Law Clinic, I found the pro bono mediation services of Gerrie van der Watt of the Mediation Centre to be highly professional and extremely effective in our divorce matters. It is fantastic that our clients, with little or no financial means, can benefit from such an excellent programme.

The mediators are able to provide a non-threatening environment in which the clients are able to talk openly about issues that matter most to them, but which the Court in a divorce matter may choose not to entertain. Through the mediation sessions, the clients are able to reach an agreement together which ultimately they are both happy with. In cases where mediation did not yield the result of a settlement, the process was still extremely valuable, giving the parties better perspective and highlighting the key issues in dispute.”