The “What” Of Mediation: Interesting Disputes Resolved With Mediation

TheWhatOfMediationOver the past twenty years, alternative dispute resolution efforts have made significant headway in reducing the number of cases clogging up court dockets.  Forms of alternative dispute resolution, and especially mediation, have been critical for allowing disputing parties to meet in other scenarios, work through the issues, and develop resolutions much more quickly.  This move forward has been beneficial for many individuals going through mediation, since as word has spread about the potential for success, more industries and types of disputes are adopting alternative dispute resolution.

As more people learn about mediation, judges are also in some cases ordering particular cases to attending mediation meetings.  Judges have the opportunity to refer specific cases for mediation when the judge believes the lawsuit can be settled that way.  Mediation is increasingly popular in situations involving child custody, personal injury, and commercial disputes, but as more trained mediators resolve disputes around the country, this form of alternative dispute resolution is showing up in many different types of cases.  This type of ADR has the potential to help resolve numerous disputes more effectively and efficiently.

Recently Mediated Cases:

  • A lawsuit with plaintiffs in search of desegregation at Tennessee’s college and professional school educational system was dropped when an agreement was reached in court-ordered mediation.
  • Eminem will go through mediation in his second divorce since a judicial settlement failed to resolve the disputes at hand.
  • A public sexual harassment suit against the former sheriff of Roanoke, Virginia, entered mediation after the court ordered this move.
  • The Securities and Exchange Commission mediated $800 million worth of fraud claims regarding former chief executive of the HealthSouth Corporation.
  • Mediation was ordered by the federal judge in charge of New York lawyer Barry Scheck’s case regarding missed court filing deadlines after a rape and robbery.
  • After allegations of undue influence regarding the individuals appointed to handle the estate of Rosa Parks, her family entered mediation with those parties.
  • World Trade Center architect Daniel Libeskind went into mediation with site leaseholder Larry Silverstein for a lawsuit with $843,000 in fees.
  • When the Federal Aviation Commission and unionized air traffic controllers reached a statement, the FAC requested mediation to resolve the dispute.
  • The New Jersey Division of Youth and Family Services approved mediation meetings with the advocacy group Children’s Rights Inc. to halt a take-over by the federal government of the statewide child welfare agency. 

For those who want to avoid the high cost and length process of litigation, mediation is an alternative method of dispute resolution that can produce effective and efficient results.  Turning to mediation, allows disputing parties to have a say in the final resolution while keeping the specific details in their case private.  Its objective is for both parties to agree on a solution that is mutually acceptable.