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Rhode Island Passes Legislation to Extend Foreclosure Mediation

Nicole Wilmet, July 31st, 2018

In May, I reported that the Rhode Island foreclosure mediation program was in jeopardy of ending on July 1, 2018 without legislative intervention. In June, the Rhode Island legislature intervened to extend the state’s Foreclosure Mediation Act.

Enacted in 2013, the Rhode Island’s Foreclosure Mediation Act grants homeowners who face foreclosure the opportunity to meet with their lender and an independent mediator to try to work out a solution to avoid foreclosure. According to the Providence Journal, since 2013 the Foreclosure Mediation Act has helped 679 families stay in their homes. As I reported in May, the House and Senate sponsored two different versions of the bill with the Senate version extending the sunset provision to July 1, 2023 and the House version repealing the sunset provision entirely. In May, the Senate voted and passed their version of the bill while the House Judiciary Committee recommended that their version of the bill be held for further study.

On June 28, 2018, Rhode Island Governor Gina Raimondo signed the Senate version of the bill into law. Under the new law, the Foreclosure Mediation Act’s sunset provision has been extended to July 1, 2023.

My Favorite Resource Featuring Rebecca Price

Nicole Wilmet, July 3rd, 2018

Our series, My Favorite Resource, features interviews with our court ADR friends across the country to learn about their favorite resource. This month, Resource Center Director Nicole Wilmet spoke with Rebecca Price, the Director of ADR Program at the U.S. District Court of the Southern District of New York (“SDNY”), to learn about her favorite ADR resource.

NW: What is your favorite ADR Resource?

RP: My favorite ADR resources are my colleagues in and around other court ADR programs. This includes the relatively small number of other full time directors of federal district court ADR programs, the Federal Judicial Center, the local Community Dispute Resolution Center programs, and the SDNY Mediator Advisory Committee. Many of these people have been doing this work for decades and have nuanced and practical perspectives about court-annexed ADR.

NW: Can you share an example of when you turned to your network for support?

RP: There are so many! As a recent example, the SDNY is currently exploring automatic protocols for both personal injury and disability access cases. I reached out to colleagues in other federal courts for information about existing protocols and am working with the SDNY Mediator Advisory Committee to develop draft protocols. In 2013, the SDNY partnered with the New York City Bar Association to develop a mediator evaluation protocol. One of our most useful resources was the Director of the Office of Court Alternative Dispute Resolution in Portland, Maine, whose protocol became the blueprint for ours.

NW: In what ways have you found that your network has been better able to serve your needs than a traditional print resource?

RP: The primary difference is that conversations are dynamic in ways that print resources are not. Designing and implementing ADR systems is complex and context dependent and a person resource can adjust recommendations based on specific constraints. For me, the ideal print resource would read more like a “Choose Your Own Adventure” book than what is widely available. Having said that, I found the Maine program I referenced above in a footnote of a
journal article, so it’s important to cover your bases.

NW: What do you value most about the input you receive from other court personnel?

RP: It is so valuable to hear about what has worked or not, and why. There are some particularly special colleagues who can adjust their recommendations and information to the realities of different court programs. I also very much appreciate colleagues who speak candidly about mistakes. I learn from them and feel less isolated with my own challenges.

NW: How did you develop your network and what recommendations do you have for anyone looking to develop their own network?

RP: In an informal way, as I have worked in different places and with different people I have made connections with those I can reach out to and who can reach out to me. More intentionally, when I started my current position in 2012 there was no existing formal network for people in comparable roles. Through email and phone calls I was able to identify a group, create a listserv, and set up a date/time for monthly calls. I also realized early on that I would benefit greatly from an advisory committee of SDNY mediators. The first group created the protocols that have been followed by subsequent members, and we still meet monthly in person. What I would recommend for anyone wanting to build a network is that you create and maintain the space/time/modes of connection for the network itself, and that you commit to doing this for at least a couple of years if not more. It’s not magic, but someone needs to take responsibility for the consistency that allows networks to develop. Relatedly, the more you show up, engage, and support the efforts of others in and around your network, the more they will show up for you.

If you have a favorite resource you would like to share in an upcoming edition of our newsletter, please reach out to our Resource Center Director and Court ADR Connection Editor, Nicole Wilmet at nwilmet@aboutrsi.org!

 

Nevada Foreclosure Mediation Program to Use HLP Online Portal to Administer Program

Nicole Wilmet, June 29th, 2018

In August, we reported that the Nevada legislature revived the state’s foreclosure mediation program by passing Senate Bill 490. One of the most notable changes Senate Bill 490 brought to the program included the transfer of program management duties from the Nevada Supreme Court to the Nevada District Courts and Home Means Nevada, Inc., a state affiliated non-profit that was created to address challenges and needs of distressed homeowners. As Home Means Nevada describes, under this new structure when an individual receives notice of default, they will then petition the District Court to participate in mediation. The District Court will then assign a mediator to mediate the case and Home Means Nevada will work closely with the courts and mediators to ensure a successful program.

This month, Home Means Nevada announced that it has selected Hope LoanPort’s® (HLP) web-based platform as the designated channel to administer the program. Founded in 2009, HLP was initially created to help solve the foreclosure crisis by developing a web portal where non-profit credit counseling agencies, attorneys and homeowners could apply for a loan modification or other solution. Today, the HLP platform has become a one-stop shop for homeowners nationwide to send documents to their mortgage companies. As Business Wire reports, the HLP portal will be the designated channel through which Home Means Nevada will administer the foreclosure program. As United Trustees Association reports, the HLP portal will streamline the document sharing process and will afford parties the opportunity to see and receive updates for their case in real time.

The HLP platform will be implemented in several stages with the first phase scheduled to launch July 1, 2018. The HLP Nevada Foreclosure Mediation page can be accessed here and contains updates, information on registering, and access to HLP platform training for counselors, servicers, and attorneys.

Virginia Appellate Courts to Launch Pilot Mediation Program

Nicole Wilmet, June 28th, 2018

This month, the Supreme Court of Virginia and the Court of Appeals of Virginia released a press release announcing the launch of a two-year pilot appellate court mediation program that will begin on January 1, 2019. The mediation program will only be available in select civil cases where both parties are represented by legal counsel. Additionally, in the Court of Appeals, mediation will be available for equitable distribution and/or related attorneys fee disputes. Mediation will also be available for Supreme Court cases where a petition for appeal has been granted. In both courts, the Clerk of each court will notify counsel that, if both parties agree to mediate, there will be an automatic stay of proceedings for 30 days to allow for mediations to occur.

The genesis behind the pilot program stems from recommendations made by the Special Committee to Study Appellate Mediation in Virginia. In 2017, the Special Committee was created at the request of Chief Justice Donald W. Lemons, the Joint Alternative Dispute Resolution Committee of the Virginia State Bar (“VSB”), and the Virginia Bar Association (“VBA”). Members of the Special Committee included representatives from both appellate courts, appellate litigation representatives from the VSB and the VBA, leaders from the Joint ADR Committee and the Dispute Resolution Services Manager from the Office of the Executive Secretary of the Supreme Court of Virginia.

In addition to recommending the creation of the pilot program, the Special Committee also recommended a new level of certification for appellate mediators during the pilot projects. The request for a new level of certification will be presented to the judicial council for adoption later this year. The full report from the Special Committee can be found here.

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