In an appellate mediation over the fate of a mediation program, two sides have agreed to preserve mediation. Back in 2011, Springfield, MA, passed two ordinances to deal with the foreclosure problem in the city. The first instituted a mediation program. The second required lenders to post a $10,000 bond for any foreclosures filed for vacant properties. Lenders filed suit in U.S. District Court, where the judge affirmed Springfield’s right to mandate both the bond and mediation. You can read about the rationale for both the suit and the court’s decision here. The lenders appealed and the two sides voluntarily entered mediation. (more…)
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Mediation Saves Mediation in Massachusetts
Jennifer Shack, March 14th, 2013Death Knell for Court ADR in LA
Jennifer Shack, March 14th, 2013You 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.
What Does the Loss of Court ADR Mean for Access to Justice?
Jennifer Shack, February 11th, 2013In the past few years, we’ve seen court ADR programs being cut around the country as courts and legislatures balance their dwindling budgets. The latest rumors of closure come from California where, some blogs have reported, mediation programs will be cut across the board in Los Angeles County in June. While the stories out of California appear to be a little more complicated than first reported, the closures throughout the country, combined with cuts to other court services (as they would be in Los Angeles County), bring up two causes of concern: privatization of justice and access to justice. (more…)
