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.
Posts Tagged ‘ADR’
Death Knell for Court ADR in LAJennifer Shack, March 14th, 2013
Twelve Hours of ConflictSusan M. Yates, December 20th, 2012
For the first hour of conflict, my neutral gave to me a round table with a great view
For the second hour of conflict, my neutral gave to me two succinct summaries
And a round table with a great view
For the third hour of conflict, my neutral gave to me three paraphrases
Two succinct summaries
And a round table with a great view (more…)
Uniform Law Commission and Foreclosure MediationHeather Scheiwe Kulp, June 12th, 2012
This month, Resolution Systems Institute was invited to consult on residential mortgage foreclosure mediation at the Uniform Law Commission’s (ULC) Mortgage Foreclosure Committee meeting. The ULC is a non-governmental organization that drafts laws which states may voluntarily adopt in whole or use in part to create their own laws. The Committee is considering drafting a uniform law on foreclosures and is interested in including a provision on foreclosure mediation. RSI provided its Mortgage Foreclosure Mediation and Mitigation Models report, along with other materials, to the Committee prior to the meeting. I, as staff attorney at RSI, along with four program managers from foreclosure ADR programs around the country, addressed the Committee and forty interested observers from lending, borrowing, academic, and governmental sectors. The following are my opening remarks:
Greetings, members of the Committee and observers. Thank you for the opportunity to present you with our research and experience in foreclosure alternative dispute resolution programs. We represent a few of the 23 states, (more…)
Foreclosure Mediation, Saving Homes, and Appropriate Dispute ResolutionHeather Scheiwe Kulp, February 23rd, 2012
As someone who reports on foreclosure mediation around the country, I am thankful for the work of the Department of Justice and the National Consumer Law Center, which have both published extensive reports on the benefits of foreclosure mediation in recent weeks. The DOJ’s report is a follow-up on an Access to Justice Initiative conference RSI attended last year, which focused on how foreclosure mediation programs can be evaluated for their effectiveness. The NCLC report is the work of Geoff Walsh, a consumer lawyer who focuses on the foreclosure crisis and how consumers benefit from mediation programs that address foreclosures and provide a mechanism for servicer accountability. Walsh also helpfully demonstrates (on pages 33-41) how foreclosure mediation does not have to cost states too much and does not have to extend the foreclosure timeline.
While I agree with most of the assessment these reports provide, I’d like to highlight a couple of points – based on RSI’s experience and expertise in the court ADR field – with which I disagree. (more…)
Blaming ADRHeather Scheiwe Kulp, February 14th, 2012
When Mayanne Downs took office as President of The Florida Bar in June 2010, she stated that under her watch, a special committee would examine the decline in the number of jury trials and its impact on the judicial system, the public and lawyers. Especially in the face of drastic cuts to the judiciary’s budget, both at a state and federal level, this exploration seems timely. Getting a snapshot of why trends occur helps courts, the bar, and litigants consciously plan for what lies ahead.
The resulting report, however, speaks ominously (more…)