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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘federal’

Values and Interests Revealed in Detroit “Grand Bargain”

Mary Novak, June 24th, 2014

The story of the Detroit bankruptcy mediation’s emerging “Grand Bargain” (as it has been dubbed in the media) is a fascinating case of many different groups working to protect their chosen interests. The bargain demonstrates how mediation allows parties to consider what they are willing to give in order to secure the things that matter most to them, and how traditional rivals may collaborate for a shared goal. Where litigation must have winners and losers, the proposed mediated bargain seeks to avoid that. Instead, it involves a complex balancing act in which many parties give a little to get a little — if “a little” is the right way to describe the potential movement of hundreds of millions of dollars. (more…)

Works-In-Progress Conference Provides Treasure Trove of ADR Research

Jennifer Shack, November 30th, 2012

Each year, the Works-In-Progress Conference brings ADR researchers and professors together to share what they are working on and gain insights from the other participants. At this year’s conference, held at Ohio State University in November, topics relevant to court ADR were well represented. Below is a short synopsis of the most relevant items in the materials. Be aware that they are still works in progress and not in final form. (more…)

New Report Shows US Federal Courts Embrace ADR

Jessica Glowinski, June 26th, 2012

The US Courts’ news service posted last week about a preliminary report by Donna Stienstra at the Federal Judicial Center that shows the extent to which federal courts use ADR. Thirty years after a handful of courts first began experimenting with ADR, every federal district court now authorizes some form of ADR, and a third of courts authorize multiple ADR processes. During the year ending June 30, 2011, more than 28,000 cases were referred to ADR in 49 district courts (out of 94 total district courts; statistics weren’t available for the remaining courts). (more…)

Uniform Law Commission and Foreclosure Mediation

Heather 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 Comes to Bankruptcy Court?

Heather Scheiwe Kulp, April 6th, 2011

The end of March marked the end of two madnesses: Connecticut’s journey to the championship and a foreclosure mitigation bill’s journey through the Senate Judiciary Committee. But the journey is over in only one court.

On March 31, the Senate Judiciary Committee approved the first federal bill (more…)