The Indiana Supreme Court recently declared that the state’s judicial policy supports “robust confidentiality” in mediation. In doing so, the court vacated a Court of Appeals ruling that would have expanded the circumstances in which confidentiality could be broken to obtain evidence. The two rulings reflect a strong contrast in interpretations of ADR rules and judicial policy toward mediation. (more…)
Posts Tagged ‘Uniform Mediation Act (UMA)’
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…)
The JAMS Dispute Resolution Alert has a good article by Justin Kelly about the ten-year anniversary of the Uniform Mediation Act. Having participated in some of the deliberations during the drafting of the Act, I have been interested to see how it has been implemented.
One thing that stands out to me, even after ten years, is the lack of clarity among mediators, lawyers and the mediating public about exactly what the Act provides in terms of confidentiality. Many see the UMA as providing confidentiality of all mediation communications. In fact, what it provides is much narrower than that. (more…)