Last night, RSI presented its Service to Community Award to Honorable Patricia Martin, Presiding Judge of the Child Protection Division of the Circuit Court of Cook County, Illinois. The award is granted to “an individual whose cumulative activities have substantially and meaningfully furthered and enhanced court-annexed ADR systems in the State of Illinois.” RSI presented the award at a reception for Northern Illinois University College of Law alumni who are now judges. (more…)
Archive for September, 2010
Honoring Judge Martin
Jennifer Shack, September 30th, 2010Good Faith, Revisited
Jennifer Shack, September 21st, 2010(See the posting from Susan Yates, “Learning from the Gamble on Foreclosure Mediation in Nevada,” on this subject, too.)
An article in Sunday’s New York Times examined the shortcomings some see in Nevada’s foreclosure mediation program. The article focuses in part on complaints that the lenders are not participating in good faith. Mediators who have recommended sanctions against the lenders say they have been removed from the program’s roster. They state that they are bound by statute to make the recommendation. The court rule makes no mention of good faith participation, and the Court appears to be relying on the rule in its decision to bar the mediators from the roster.
Leaving aside the question of which authority prevails, I’d like to examine the wisdom of requiring mediators to recommend sanctions against a party. NRS 107.086 states in part: (more…)
Learning from the Gamble on Foreclosure Mediation in Nevada
Susan Yates, September 21st, 2010(See the posting from Jen Shack, Good Faith, Revisited, on this subject, too.)
An article in Sunday’s New York Times purported to examine Nevada’s foreclosure mediation program, especially its shortcomings. The article, combined with a reading of the court rules for the program, points out continuing misunderstandings about mediation, such as what mediators do, the purpose of mediation, and how mediation functions. It also points up a glaring deficiency in many court mediation programs: not tracking the actual results of mediations. In this case, if people are really staying in their homes or moving, if temporary mortgage modifications are becoming permanent, if the foreclosure process is moving more quickly, etc.
In terms of what mediators do, the local rules indicate confusion about the actual role of the mediator. (more…)
ADR National Conference Reflections
Susan Yates, September 8th, 2010It has been a few years since I attended an Association for Conflict Resolution (ACR) national conference. With a limited budget, I have chosen to attend the ABA Dispute Resolution Section annual conference instead because there is more of a court ADR focus and I am much more involved with the ABA DR Section.
But last week the ACR national conference was held in Chicago and I could afford to attend. Here are a few thoughts about the two conferences.
There are a lot of similarities between the conferences. Many presenters participate in both conferences and many of the sessions would be at home at either one. No doubt (more…)