Just Court ADR » Jennifer Shack

Montana Overwhelmed by Record Number of Cases; Looks to Innovate

Jennifer Shack — Tue, 07 May 2013 13:07:33 +0000

Montana’s civil caseload topped 50,000 last year. That may not seem to be a lot to those in more populated states, but it’s enough to drive the state’s legislature to act. Citing an overwhelmed bench and litigants deprived of “prompt, careful consideration,” the legislature issued a joint resolution that the state evaluate the cost and effectiveness of current court processes and “identify measures that will help improve the administration of justice and promote the nonadversarial resolution of family law disputes.” It’s yet to be seen if the study will be undertaken, as studies requested by the legislature are prioritized at the end of the legislative session.

It’s great to see a state legislature looking to get data on court performance and trying to find evidence-based solutions to what appears to be a problem for the courts. They say necessity is the mother of invention. Here, it appears to be the mother of evaluation as well.

Oregon Senate Passes Bill to Expand Foreclosure Dispute Resolution

Jennifer Shack — Wed, 24 Apr 2013 12:53:53 +0000

Last year, Oregon created a dispute resolution program for non-judicial foreclosure cases. The program didn’t work as well as hoped. The program’s start coincided with an appeals court decision that pushed foreclosures into the judicial system. That, along with some issues with the legislation enacting the foreclosure dispute resolution program and lender reluctance to participate, led to very few cases being mediated. A lot of work has been done since then to find ways to encourage use of dispute resolution. The effort that appears to have gained the most traction is to expand the foreclosure dispute resolution program to include cases going through the judicial process.

The state senate has recently passed a bill that would do just that. The bill requires lenders to request a “resolution conference” prior to filing a notice of default, with an exemption for lenders who filed fewer than 175 foreclosures in the state during the prior year. This requirement holds whether the foreclosure is filed judicially or non-judicially. Homeowners can also request a resolution conference, but only after meeting with a housing counselor.

Read more about the backstory of the bill at House Keeping Report.

RSI Talking about Research and Ethics at the ABA Dispute Resolution Section Conference

Jennifer Shack — Thu, 28 Mar 2013 16:44:05 +0000

If you’re going to the ABA Dispute Resolution Section’s Spring Conference in Chicago next week (April 3-6), I’d like to invite you to a lunch discussion during the Court ADR Symposium on Wednesday. I’ll be facilitating the discussion, “Developing a Structure and Process to Set the Mediation Research Agenda,” which will explore the possibility of taking research about ADR in the court context to a new level through the creation of a national Court ADR Research Consortium. (The ABA requires lunch registration.)

In very broad terms, the consortium would define a research agenda, coordinate research based on that agenda, and develop recommendations for courts, along with help in implementing them. Of primary importance is obtaining the funding to make that happen.

On Thursday, RSI’s executive director, Susan Yates, will be on a panel that will be talking about the Dispute Resolution Section’s Mediator Ethical Guidance Committee. If you attend, you’ll find out what the committee does and how the Model Standards of Conduct for Mediators guides it.

Mediation Saves Mediation in Massachusetts

Jennifer Shack — Thu, 14 Mar 2013 11:40:23 +0000

In an appellate mediation over the fate of a mediation program, two sides have agreed to preserve mediation. Back in 2011, Springfield, MA, passed two ordinances to deal with the foreclosure problem in the city. The first instituted a mediation program. The second required lenders to post a $10,000 bond for any foreclosures filed for vacant properties. Lenders filed suit in U.S. District Court, where the judge affirmed Springfield’s right to mandate both the bond and mediation. You can read about the rationale for both the suit and the court’s decision here. The lenders appealed and the two sides voluntarily entered mediation.

As a result of the mediation, the lenders are ready to drop their appeal if the city amends the ordinance so that lenders don’t have to post the bond if they register the property within 21 days, pay a $100 administrative fee and identify a local property manager and agent. Interestingly, the mediation ordinance will be left as is, including a $300 a day fine if the lender doesn’t comply with the ordinance.

So, at a time when lenders are working to keep mediation from becoming law in Missouri and Oregon, lenders in Massachusetts have voluntarily dropped their opposition to a mandatory program – and they did so through appellate mediation.

Death Knell for Court ADR in LA

Jennifer Shack — Thu, 14 Mar 2013 11:19:27 +0000

You might have read my previous post noting the threatened closure of Los Angeles County Superior Court’s ADR programs. It’s now official. As of March 11, the court stopped accepting referrals to its pro bono mediation program, as well as for any arbitrations, mediations, neutral evaluations, and voluntary settlement conferences from civil, family, and probate courtrooms. In April, mediation will cease for any Civil Harassment, Small Claims, and Unlawful Detainer calendars. All ADR offices will be closed by May 1st.