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Archive for October, 2011

Delaware Arbitration Program Sued as Unconstitutional

Jennifer Shack, October 27th, 2011

Via Art Hinshaw at ADR Prof Blog, the judges in Delaware’s Chancery Court are being sued by the Delaware Coalition for Open Government for operating a private arbitration system. The crux of the lawsuit is that the court’s arbitration program for business disputes, in which sitting judges act as private arbitrators, is essentially a way for court proceedings to be held outside of public view. According to the complaint, this is a violation of the presumptive right to access to judicial proceedings and documents as guaranteed by the First Amendment of the Constitution.

Read more about it here.

Florida Looks to End Mandatory Mortgage Foreclosure Mediation

Jennifer Shack, October 25th, 2011

A Florida judicial committee has called for the end of mandatory mediation in Florida. As reported in the Palm Beach Post on Friday, statistics from the circuits show that statewide only 3.6% of all cases referred to mediation reached agreement from March 2010-March 2011. The committee cited obstacles such as “homeowner mistrust of the mediation program and lender resistance” for the program’s poor performance.

This leads to the question of why mandatory mediation is working so much better in Philadelphia, where 70% of all homeowners referred to mediation participate in the process, and 33% leave with an agreement. Only 16% of participating cases end with a sheriff’s sale. Perhaps Florida should look north before scrapping their program.

Potholes on the Road to Justice: Race and Mediation

Heather Scheiwe Kulp, October 17th, 2011

Mediation is about giving everyone a chance to share their stories, balancing power dynamics and leveling the playing field. But what if the ground on which we presume to build the field has holes too big to backfill sufficiently?

Those issues that lend themselves most to mediation in the court setting disproportionately impact (more…)