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Archive for 2013

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Twelve Hours of Conflict — Some Seasonal Silliness

Susan M. Yates, December 18th, 2013

Here again is RSI’s seasonal parody of the Twelve Day of Christmas. Enjoy!

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

For the third hour of conflict, my neutral gave to me three paraphrases

For the fourth hour of conflict, my neutral gave to me four mirrored feelings

For the fifth hour of conflict, my neutral gave to me five aspirin

For the sixth hour of conflict, my neutral gave to me six tested realities

For the seventh hour of conflict, my neutral gave to me seven caucuses

For the eighth hour of conflict, my neutral gave to me eight explored BATNAs

For the ninth hour of conflict, my neutral gave to me nine fresh perspectives

For the tenth hour of conflict, my neutral gave to me ten brainstorms

For the eleventh hour of conflict, my neutral gave to me eleven cookie breaks

For the twelfth hour of conflict, my neutral gave to me twelve resolved issues

Everyone at Resolution Systems Institute wishes all our friends a wonderful 2014!

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In re Lee Part 3: Implications for Stakeholders

Just Court ADR, November 19th, 2013

In this final installment of our series on the Texas family mediation case In re Lee, we’ll examine the implications of the holding upon parents, judges and mediators. To recap, the Texas Supreme Court ruled in In re Le that a trial court judge must enter a mediated settlement agreement (MSA) two parents had made arranging custody for their child, even though the judge believed the MSA was not in the child’s best interests. So what does the ruling mean for the different stakeholders in family mediation? (more…)

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What Works in Foreclosure Dispute Resolution?

Jennifer Shack, November 13th, 2013

With foreclosure dispute resolution programs proliferating around the country, the natural question to ask is, “Do they work?” That’s what former RSI staff member Heather Scheiwe Kulp and I set out to determine. The answer, as discussed in our article, “Foreclosure Dispute Resolution Programs: Do They Work?” (Probate and Property, November/December 2013), is that some do and some don’t. Some are achieving what they set out to achieve, at least to some extent. Others aren’t.  What the programs want to achieve varies, though with much overlap. Goals include keeping homeowners in their homes, helping homeowners and lenders come to mutually agreeable resolution, improving judicial efficiency, and so on. (more…)

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In re Lee Part 2: Parental Autonomy vs. Judicial Oversight

Just Court ADR, October 21st, 2013

For the second part of this series on the family court mediation case In re Lee, I’ll examine the laws at issue in the case, then discuss the legal reasoning and policy that the Texas Supreme Court majority and dissent each followed in making their decisions. The crucial statute in the case was Texas Family Code Chapter 153, which relates to custody. Two sections of that code came into conflict in the case.

Best Interest of Child (§153.002) says the best interest of the child should always be the court’s primary consideration in custody issues.

Alternate Dispute Resolution Procedures (§153.0071) includes rules for mediation. Several parts of this section were relevant to Lee’s case. (more…)

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