Dem Bones, Dem Royal Bones

A British high court has allowed judicial review of a decision to reinter the remains of King Richard III, unearthed in a parking lot after 527 years. However, a second so-called Wars of the Roses may be underway. Leicester Cathedral is one site that has the support of the government, but the British public want their say as well. Almost 30,000 people signed a petition to get a formal hearing on where the final resting place should be. The King's descendants say the he should be in York and now challenge Leicester’s plans through the Plantagenet Alliance, formed soon after the Ministry of Justice made the call on what would become of the remains. The Judge encouraged an out of court settlement be achieved, warning the parties against an “unseemly, undignified and unedifying” legal recurrence of the Wars of the Roses-- a civil battle between the families of Lancaster and York (named after their respective heraldic symbols of the red and the white rose). The court's reason for granting a review: “The archaeological discovery of the mortal remains of a former King of England after 500 years is without precedent.” The judge also noted economic implications in terms of prestige and tourism which could benefit the city or place or institution where King Richard III’s skeleton rests. England's most reviled monarch, depicted by Shakespeare in the play that bears his name as the wicked, hunchback murderer of his nephews in the Tower of London, may just have his reign re-examined as the litigation over where his bones should be, takes place. See stories here: http://nyti.ms/1bP4LRQ and http://bit.ly/1dgxctO

Oldest Synagogue Suit

In dueling suits over ceremonial bells that adorn the handles of the Torah scroll when not in use in the nation's oldest synagogue, a mediation has resulted in impasse. Jewish leaders participated in a mediation overseen by U.S. District Judge William Smith in Providence regarding a set of valuable Colonial-era Torah finial bells and about who owns and controls the 250-year-old Touro Synagogue. Touro is a National Historic Site with tens of thousands of visitors every year. Both sides have sued in federal courts; the synagogue's current congregation, Jeshuat Israel, in Rhode Island, and Congregation Shearith Israel (established in 1654), in New York. The dispute started after present leaders at Touro agreed to sell the bells, called rimonim, for $7.4 million to the Museum of Fine Arts in Boston. Leaders of the New York congregation say it owns Touro, its cemetery, Torahs, rimonim and other religious objects. The nation's second Jewish congregation was established in Newport four years after the New York congregation, but in 1822, the city's last Jewish resident left and Touro fell into disrepair. Sacred items, including Torah scrolls and possibly the finial bells, were transferred to the New York congregation. Touro reopened in the late 1800s, and in 1903, the Newport congregation signed a $1-per-year lease to rent Touro from Congregation Shearith Israel. Congregation Shearith Israel opposes the sale of the bells, saying it violates religious practice and will remove ownership of the bells from the Jewish community. The New York congregation is also seeking to remove the Newport congregation from practicing at Touro, saying it is violating the terms of the lease. Touro's leaders say Congregation Shearith Israel is only a trustee for the Newport synagogue and can't dictate what is done there. Touro has two sets of finial bells made in the 1760s or 1770s by Colonial silversmith Myer Myers, a Jewish contemporary of Paul Revere's from New York. Its congregation seeks to sell one set to establish a trust that will pay to maintain the synagogue and to ensure there is always a rabbi in residence. Congregation Jeshuat Israel maintains displaying the bells at the Museum of Fine Arts would allow more people to see them. The museum's offer has been rescinded until the ownership dispute is resolved. U.S. District Court Judge John J. McConnell Jr., has lifted a stay and a decision on transferring venue remains pending. Touro is celebrating its 250th anniversary and will hold its annual reading of the famous 1790 letter George Washington wrote to the Jewish community in Newport affirming the new nation's dedication to religious tolerance, saying it "gives to bigotry no sanction, to persecution no assistance." U.S. Supreme Court Justice Elena Kagan will be the keynote speaker at an event this weekend. See stories here-- http://abcn.ws/13i8ur8 and http://bit.ly/19r9pIk and synagogue website-- http://www.tourosynagogue.org/index.php/history-learning/synagogue-history

Microsoft SkyDrive Settlement

Microsoft's cloud storage brand, SkyDrive, will undergo a name change following defeat in a trademark case brought by the British Sky Broadcasting Group or BSkyB. In U.K. legal proceedings against Microsoft alleging the name infringed on its British Sky trademarks, a ruling by the England and Wales High Court went in BSkyB's favor. Consumer confusion was cited as a factor in the decision. Because the use of SkyDrive brand is invalidated in Europe, rather than develop an alternative label for Europe, Microsoft entered into a settlement deal with BSkyB that will allow the software company to use the SkyDrive name as it prepares to launch a global re-branding effort. Microsoft reportedly had planned to appeal the decision, but then reconsidered. The companies announced that Microsoft will continue using the SkyDrive name for a reasonable period of time to allow for an orderly transition to a new brand. BSkyB vowed to remain vigilant in protecting the Sky brand, saying it would take appropriate action against companies using the Sky trademark without consent. Interestingly, the litigants actually partnered to bring Sky programming to the Xbox 360, an agreement they plan to extend to the upcoming Xbox One console. See story here-- http://bit.ly/155mZbN

Motor City Mediation?

U.S. Bankruptcy Judge Steven Rhodes, who is overseeing the largest municipal bankruptcy in U.S. history, has proposed appointing a federal district judge as mediator to negotiate the most difficult disputes in trying to resolve some $18 billion in Detroit's bond and pension obligations. Proposed restructuring of obligations sparked outrage from city retirees whose pensions and benefits could be cut drastically. Judge Rhodes tapped Hon. Gerald Rosen, Chief Judge of the U.S. District Court for the Eastern District of Michigan, to oversee any confidential mediation or another mediator of Judge Rosen's choosing. That way, Judge Rosen can mediate disputes or appoint other mediators, with the costs shared by the negotiating parties. Details about the mediation talks would not be disclosed, but any agreements would be made public. Next month, Judge Rhodes will consider deadlines for the city to file its formal plan for repaying its obligations and for rejecting collective bargaining agreements. Bankruptcy judges often utilize mediators as a way to bring together parties in private who might find it difficult to reach a consensus through a more open court process. Judge Rhodes also proposed an order appointing an examiner to review fees to be paid by Detroit. See stories here: http://reut.rs/1aMUiWH and http://usat.ly/15QCKWE

Join me next month at Professional Mediation Institute!

On August 21, 2013 in Orlando, Florida the Professional Mediation Institute or PMI will conduct its fourth annual education program. This year, each program will be recorded, and all attendees will be provided with access to the recordings. Though it is impossible to attend two sessions at once, this format ensures attendees can gain access to fulfill their entire Continuing Mediator Education (CME) requirement with one seminar registration. In addition to plenary sessions, three simultaneous programs will be presented during each hour. With a multitude of experts from around the country, this program will focus on specific areas of interest. I will be speaking on commercial mediation intricacies. There are two programs on domestic violence in mediation, three programs on mediator ethics, and an outstanding program on diversity concerns. For Florida mediators, CME credits in these disciplines is required; these topics are a great tool for all great mediators regardless of CME requirements.See more details here: http://www.pmi360.com/ and my speaker bio http://www.wci360.com/files/uploads/2013/Kolin,%20Lawrence%20%202013.pdf Look forward to seeing you next month!

Concussion case by NFL players heads to Mediation

A federal case brought by former National Football League players that accuses the league of hiding dangers of concussions has been ordered to mediation. A pending motion to dismiss the case will be taken under advisement until September, giving the mediator time to bring the sides closer together. United States District Court Judge Anita Brody of Pennsylvania, ordered a retired federal judge to serve as mediator in the case. Players have charged that the league concealed for decades what it knew about the long-term effects of repeated hits to the head. The NFL maintains it issued warnings consistent with medical research available at the time. Additionally, the league contends player safety is governed by collective bargaining agreements. Each side has made strong arguments, but there is incentive to settle early. Though the owners have greater ability to absorb legal fees, discovery over a period of years could unearth evidence that might hurt the league’s reputation. Likewise, retired players, many of whom have significant health concerns, may prefer to settle sooner for less. Without a ruling, the scope of the case remains wide, involving players from decades ago, as well as those who retired recently. “Presumably, the [mediator] is experienced and he can give both sides an appraisal of the case from the perspective of someone who’s sat on the bench,” said Matthew Mitten, director of Marquette University's National Sports Law Institute. “It doesn’t hurt to take a step back and take a reality check.” See full article here-- http://nyti.ms/1bkQYmL

America's Cup Mediation Stalls

In a sport of titans filled with rules, legal battles are inevitable. With the opening of the preliminary Vuitton Cup approaching, New Zealand is protesting rule changes following the death of British sailor Andrew Simpson whose catamaran capsized. Changes to the 72-foot cats are said to potentially lead to more injuries, as a rule now allows for elevators to extend beyond the beam of the boats. New Zealanders say they built their boat under a set a rules that now has been changed-- cutting their competitive advantage. The America's Cup organization claims boats will be legal whether they use the new rudder configuration or the old one. A recent mediation aimed at reaching agreement on implementing safety recommendations previously issued by the regatta's director ended after four days. Teams reportedly agreed on the vast majority of the safety recommendations which was thought to be a useful and positive exercise that left only a couple of points unresolved. All 37 recommendations developed in consultation with the teams following the fatal capsize will remain part of the permit application submitted to the US Coast Guard. Iain Murray said it was useful to hear the teams’ perspective on safety from a competitive viewpoint. “As Regatta Director, I have a clear task. For me, safety means safety for everyone. Full stop. I stand behind all of the original recommendations to increase safety...I look forward to working with the Coast Guard, teams and other stakeholders to ensure we run a safe and successful America’s Cup this summer.” Hopefully, the winds of accord will pick up before racing commences Sunday. See http://www.americascup.com/en/news/3/news/15969/mediation-makes-good-progress-but-ends-without-final-resolution and http://usat.ly/163IdI1 and http://www.bbc.co.uk/sport/0/sailing/23166664 and http://www.nytimes.com/2013/07/04/sports/Sailing-on-Air-With-Americas-Cup-Catamarans.html?pagewanted=2&ref=general&src=me&pagewanted=print