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Archive for the ‘Training, Skills & Techniques’ Category

Foreclosure Mediation Training in Kane County a Success

Shawn Davis, December 8th, 2014

Kane training pic 2On December 3rd, the Kane County Residential Mortgage Foreclosure Mediation Program held a training seminar for program mediators and members of the bar. The event was sponsored by Northern Illinois University College of Law and the Illinois Sixteenth Judicial Circuit Court. Judge Downs opened the training by welcoming attendees and providing her perspective on how the foreclosure crisis has affected the community and the court. She then shared the impact the Foreclosure Mediation Program has had since it launched almost a year ago. Housing counselors, legal aid and lender attorneys also spoke, describing their roles in the program and the experience of the clients they serve.  Professor Alan Boudreau from NIU College of Law was the final speaker and provided the perspective of the Mediation Program. Professor Boudreau explained how the program’s service providers interact and how the role of the mediator fits into the larger foreclosure picture. All of the presenters remained on-hand for a panel discussion. (more…)

Be Mindful of the Sunk-Cost Bias Trap

Shawn Davis, June 18th, 2014

Just the other day, I learned the term “sunk-cost bias” and immediately thought of the mortgage foreclosure work that I do. The term was new to me, but the concept was not: sunk-cost bias describes why it’s so hard for us to walk away from something and cut our losses (and explains why I spent 3 hours waiting in line for the Indiana Jones ride at Disneyland). With sunk-cost bias, our minds go through a process of telling us that we should hold on because otherwise the time, money and energy already invested would be a waste, even when such a decision is irrational and just sinks us further in the hole. The concept can have very real implications for more serious life choices, like whether or not to remain in a home once in foreclosure. (more…)

Mediation “Theology”

Susan M. Yates, May 8th, 2014

A mediation colleague in Chicago, Bob Berliner, recently used the term “theology” to describe the various schools of thought regarding mediation, such as evaluative, facilitative and transformative. He was using the term somewhat tongue-in-cheek and as shorthand for the idea of belief systems that individual mediators hold, as well as the debates among those mediators.

It got me thinking. Is there some similarity between how we develop our religious beliefs and how we develop our mediation styles? I’m not suggesting that our religious beliefs are linked to our mediation styles, but rather that similar forces are at work in developing these two sets of belief systems.

The thing that really struck me about this way of looking at our beliefs in our mediator styles is that none of them is based on proof any more than religious beliefs are based on proof. (more…)

“Hot-Tubbing” and ADR?

Susan M. Yates, April 7th, 2014

Did you know there is an ADR process called “hot-tubbing?” This was news to me when I heard it mentioned last week at the Court ADR Symposium (which occurs every year on the day before the ABA Dispute Resolution Section Conference). As I understand it, the process is used sometimes in arbitration when there are conflicting expert opinions. Basically, the idea is that rather than simply hear expert testimony from each side sequentially, the arbitrator questions the experts concurrently. Hot-tubbing has been used in court settings in Australia, England and Wales, as well as in arbitration. (more…)

Clients Choose Mediation Based on Mediator’s Words and Silences

Mary Novak, February 4th, 2013

Recently, I had the good fortune to attend an outstanding webinar by Professor of Social Interaction Elizabeth Stokoe,  hosted by the National Association for Community Mediation (NAFCM). Professor Stokoe performs conversation analysis on interactions between mediators and parties. In her presentation, she discussed four common problems mediators may encounter during intake calls with potential clients who are involved in a neighbor-to-neighbor dispute. The problems can lead to the potential client rejecting the opportunity to mediate.

The four core problems that Professor Stokoe discussed are: (more…)