Mediation Week 2022

Every October, we celebrate the impact of the mediation process and its professionals on the many disputes in the world. Mediation Week in Florida and elsewhere marks the importance of dispute resolution as an effective substitute to litigation. In fact, mediation has helped litigants get through our recent challenges, evolving to widely accepted remote attendance allowing parties to resolve disputes without trial in a still backed-up court system. Alternative Dispute Resolution (ADR) has been used by Florida courts for more than 30 years. Online Dispute Resolution (ODR) will now serve as an official option following the pandemic through sessions conducted with readily available technology. Florida's Dispute Resolution Center continues to require specific standards set by the Florida Supreme Court in the areas of county, family, circuit, dependency, and appellate mediation during these virtual sessions. Mediation week brings annual focus on ADR work and highlights how individuals, administrative agencies, and businesses can use mediation to develop efficient and customized solutions to conflicts. Just by searching #mediationweek online, you may find a variety of resources from venerable organizations like the American Bar Association (ABA) or the Federal Mediation and Concilliation Service (FMCS) which is celebrating its 75th anniversary with free programs on cutting-edge topics, practices, and examinations on conflict prevention, management, and resolution this week. See more here-- https://fmcs.zoomgov.com/webinar/register/WN_b03eGSkmQ_uK2CiCk0U1vQ

Orlando City SC Lions Owe Inaugural MLS Game to Mediation

It could be said that mediation saved the start of the Major League Soccer (MLS) season and the kickoff of the expansion Orlando City SC Lions before a crowd of over 65,000 at the Citrus Bowl stadium. The sides in MLS’s labor impasse negotiated in Washington, D.C. to avert a work stoppage. MLS had never finalized its labor contract for the past five years, a situation players and management sought to rectify following their agreement in principle last week on a new deal through 2019. The settlement created free agency for the first time in the MLS. Players 28 and older can become free agents after eight MLS seasons when their contracts have expired. Free agents earning under $100,000 this year are capped at 125 percent for 2016, with the limit lowering to 120 percent for those making $100,000-$200,000 this year and 115 percent for those earning more than $200,000. The new labor agreement increases minimum salaries but cuts the roster size of each team from 30 to 28. The union said the last few players on each side never saw much time on the field. Representatives for management and the union utilized the Federal Mediation and Conciliation Service with marathon sessions stretching into early morning hours. Reportedly, dozens of players participated in the mediation talks, with several owners also involved. A snowstorm further complicated matters for out-of-town participants. In the end, it was a great weekend of season openers thanks to mediation! See stories here-- http://bit.ly/1Ai9fLz and http://wapo.st/18kNALi and http://bit.ly/18j1ZaA

NHL Faceoff following failed Mediation

National Hockey League owners and NHLPA member players will meet tomorrow, resuming labor talks following failed efforts by federal mediators last week. In hopes of reaching a new collective bargaining agreement and ending a player lockout, owners and players will meet alone, face- to-face, without league and union officials or mediators. Some owners attending the meeting have not previously done so which is seen as encouraging. Hockey's labor dispute has already resulted in cancelling more than a third of the NHL regular season, including the Winter Classic and the All-Star Game. It is very unlike the Federal Mediation and Conciliation Service to throw up its hands, saying it would be not productive to continue discussions, and that they would rather call the parties back together when they thought the time was right. Seems the parties to this one thought otherwise. We'll see if that move of self-determination ends the dispute or the season. See more in Bloomberg story at http://buswk.co/VpXGCG

More major league sports mediation-- NHL?

This week, ESPN.com's Pierre LeBrun reached out to prominent U.S. federal mediator George Cohen to seek his opinion on the state of the NHL lockout, due to his participation in ending both the NBA and NFL lockouts last year. About a quarter of the NHL hockey season has already been cancelled due to the lockout. As expected, the Federal Mediation and Conciliation Service (FMCS) director declined the interview request. However, LeBrun says Cohen mentioned he'd been in contact with both parties in the NHL-NHLPA negotiations. Fans have inquired whether a mediator could help dislodge the stalemate over NHL labor talks. However, NHL deputy commissioner Bill Daly only commented the parties had been in touch with the FMCS and didn't think that the introduction of a mediator into the process would necessarily further the process. As for the players' union, the NHLPA reportedly hasn't been in contact with FMCS since July. So far, according to players, the union seems willing to stick together, believing that the league is trying to wait and see if players crack. Others want NHLPA leadership back negotiating with the NHL to explore flexibility from the league on key bargaining points. See: http://bitly.com/PJU2BG and http://bitly.com/TxmXYD