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Just Court ADR

The blog of Resolution Systems Institute

Archive for October, 2010

Hopes Becoming Reality: Law School Training Is Making Better ADR Advocates

Susan Yates, October 20th, 2010

How many of us in the mediation field have said that educating people about alternative approaches to dispute resolution is essential to changing the way that conflicts are addressed? For those of us who work in court ADR, the continuing development of law school ADR coursework in particular is a cause for optimism that the practice of law increasingly will encompass skilled use of ADR.

In a recent pro bono case I mediated, I had an experience that affirmed this belief. The defendants were represented by a skilled, young volunteer lawyer who was an able advocate for his client in mediation. He asked good questions of the other side, was dogged but gracious in pursuing his clients’ interests, and took a constructive, problem-solving approach. After the mediation, he asked opposing counsel and me about how this case relates to others of this type, as this had been his first one in this area. He said that he had taken a mediation course in law school and had mediated actual court cases through the clinic, so he felt prepared for the process, but wanted to learn more about this particular application.

Isn’t this what we have been hoping would happen? Law school mediation training is preparing strong, capable advocates in mediation.

Interstate Recognition of Notarizations Act and Foreclosure Mediation

Heather Scheiwe Kulp, October 8th, 2010

The recent debacle over H.R. 3808, the Interstate Recognition of Notarizations Act (IRNA), should raise major questions for the foreclosure mediation community. The bill posed questions not only about the role of documents and authentication within the mediation context, but some questioned whether the mediation programs should continue at all, as banks around the country halted foreclosures.

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