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Just Court ADR

The blog of Resolution Systems Institute

Archive for August, 2012

Honoring Roger Fisher, ADR Leader and Innovator

Just Court ADR, August 29th, 2012

Most law school or business school students will, at some point, be asked to read, “Getting to Yes: Negotiating Agreement Without Giving In.” Written in 1981, the ideas the book espouses form the basis for much negotiation and mediation theory taught today. Any ADR practitioner, whether they’ve read the book or not, can give thanks for the life of Roger Fisher, Professor Emeritus at Harvard Law School and co-author of “Getting to Yes,” who passed away August 25, 2012.

Roger Fisher’s experiences in World War II prompted him to look for another, better way to resolve conflict without sacrificing people’s individual needs and interests. Thus, along with William Ury and Bruce Patton, Mr. Fisher developed the principle that people can be moved from focusing on their positions to identifying their underlying interests and coming up with creative solutions to have those interests met. The authors also co-founded Harvard’s Program on Negotiation and wrote extensively on negotiation theory and practice.

His ongoing work to promote peace through understanding each other’s true needs will forever shape the landscape of ADR. His passing is a loss to us all.

Foreclosure Mediation Upheld against Constitutional Challenge

Just Court ADR, August 23rd, 2012

For the second time in as many years, a foreclosure mediation program has faced a constitutional challenge. This time, the 153,000-person city of Springfield, Massachusetts, will be allowed to move forward with a foreclosure mediation program for residents.

The first was a constitutional challenge from Wells Fargo against the Nevada Supreme Court Foreclosure Mediation Program. Wells Fargo claims the mediation program itself violates the due process clause. More specifically, Wells Fargo claims a provision that allows sanctions for non-compliance, violated the U.S. constitution. Nevada’s mediation program allows judges to issue sanctions if the lender does not participate in good faith. Sanctions may include an ordered write-down of the mortgage. Wells Fargo says this violates the contracts clause and the takings clause by interfering with a contract provision and appropriating private real and personal property for public use without compensation. The court (more…)

How Court ADR is Faring Amidst Judicial Budget Cuts: A Snapshot

Just Court ADR, August 20th, 2012

RSI was recently asked to participate in an American Bar Association meeting about support for the courts during the recent economic downturn. In the past few years, court systems around the country have had their budgets cut, to the point where some are closing courthouses altogether. RSI Executive Director Susan Yates commented on the effect these cuts have had on support for court ADR programs. To prepare for the meeting, we did some research and reached out to ADR administrators to find out what’s happening in their programs. This handout discusses what we found.

Is your ADR program facing similar funding challenges? If so, what impact has it had on your services?

Nominate Just Court ADR for the ABA Blawg 100

Just Court ADR, August 15th, 2012

The American Bar Association is accepting nominations for its annual “Blawg 100” list, recognizing the top 100 legal blogs each year. Please take a moment to nominate Just Court ADR for this select group. The past few lists haven’t included any blogs dedicated to ADR, but we hope to change that this year. With your help, we can. Nominations are due by September 7. Thank you for your support.

RSI’s Top ADR Blawgs

We encourage the ABA to add ADR as a category on its Blawg 100 list. If it did, which blogs would be featured? Besides Just Court ADR, our vote goes to these three staff favorites: (more…)

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