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Just Court ADR

The blog of Resolution Systems Institute

Archive for July, 2011

Suing for the Right to Victim-Offender Mediation

Jessica Glowinski, July 20th, 2011

A fascinating story came out of Texas this week (via the Courthouse News Service, BBC and The New York Times, among others) about the victim of a shooting spree who is seeking a stay of execution for his attacker. Among his reasons for doing so is that he wants the chance to sit down at a mediation table with the attacker and talk about the crime that ties them together. (more…)

New Resources on CourtADR.org

Jessica Glowinski, July 18th, 2011

Here is a list of the new, abstracted resources that have been added to CourtADR.org, RSI’s national resource center, in the past few weeks. These are just a few of the over 4,000 resources available on CourtADR.org. We are always looking to expand our collection – if you know of any new research, programs, legislation, videos, or other resources, please let us know! (more…)

Groundbreaking Court Decision Requires Courts to Comply with Mediators

Heather Scheiwe Kulp, July 15th, 2011

Housing advocates are lauding the Nevada Supreme Court’s trio of decisions, released Thursday, about Nevada’s foreclosure mediation program. However, under the surface of Pasillas, Redmon, and Leyva lurks factors that could cause upheaval (more…)

Combining Mediation and Unbundled Legal Services

Jessica Glowinski, July 5th, 2011

Last month RSI’s Heather Scheiwe Kulp blogged about the need for courts to find creative solutions to the problems of increasing caseloads, increasing numbers of self-represented litigants and dwindling resources to handle it all. As if in answer, an article showed up in RSI inboxes last week that addressed these very issues. (more…)

Uniform Mediation Act – Ten Years Later

Susan Yates, July 1st, 2011

The JAMS Dispute Resolution Alert has a good article by Justin Kelly about the ten-year anniversary of the Uniform Mediation Act. Having participated in some of the deliberations during the drafting of the Act, I have been interested to see how it has been implemented.

One thing that stands out to me, even after ten years, is the lack of clarity among mediators, lawyers and the mediating public about exactly what the Act provides in terms of confidentiality. Many see the UMA as providing confidentiality of all mediation communications. In fact, what it provides is much narrower than that. (more…)