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Just Court ADR

The blog of Resolution Systems Institute

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Leaving an ADR Legacy

Susan M. Yates, December 14th, 2011

Court ADR lost a champion yesterday when Judge Harris H. Agnew, RSI’s long-time Executive Committee Chair, passed away after a long struggle to regain his health. Judge Agnew led by example, with kindness and courage.  This blog post I wrote back in April talks about the tremendous role he played in advancing court ADR in Illinois. But there was so much more to Harris than just his work with ADR.

Those of us who were fortunate to know him learned a lot from Harris:

Leading sometimes means doing what is right, even when others don’t see it.

Whether it was mentoring the first women to join the bench in the 17th Judicial Circuit or implementing arbitration and mediation there, Harris stuck his neck out. He opened doors for people and ideas that would bring positive change even in the face of opposition.

Be kind, but don’t be a patsy.

Harris was so kind to everyone he met that it took me a while to understand just how politically savvy he really was. (more…)

Developing Mediation Programs as an Exercise of Police Power?

Just Court ADR, December 7th, 2011

The foreclosure crisis is real, and it is not dissipating anytime soon. So why would a borrower advocate undermine a process meant to facilitate resolutions?

State and local governments seek creative ways to resolve the crisis. Some have looked to mediation and its rich history of providing a forum to disputing parties – including parties to foreclosures – to discuss alternatives to litigation. Courts (in judicial foreclosure states) and other government entities (in non-judicial foreclosure states) have created mediation programs to encourage borrowers and servicers to talk face-to-face about options other than foreclosure. These options include loan modifications as well as graceful exits.

Now, a court case in Nevada (Wells Fargo v. Renslow) challenging the constitutionality of Nevada’s non-judicial Foreclosure Mediation Program threatens to dismantle 30 years of good work mediators and mediation developers have done. And it’s not because Wells Fargo claims that the Program violates the U.S. Constitution’s contracts clause. (more…)

Why Mediation Cannot Replace Court

Just Court ADR, November 4th, 2011

Voluntary participation. It’s a core principle of mediation, as it structures an environment where self-determined settlement is possible. It’s also a primary distinction between mediation and litigation. Sure, a court can require parties to attend a mediation session. But, for an agreement to meet the needs of both parties and be sustainable, both parties’ participation must be voluntarily. A mediator may be able to report if you do not appear, but cannot—should not—make you participate. (more…)

Potholes on the Road to Justice: Race and Mediation

Just Court ADR, October 17th, 2011

Mediation is about giving everyone a chance to share their stories, balancing power dynamics and leveling the playing field. But what if the ground on which we presume to build the field has holes too big to backfill sufficiently?

Those issues that lend themselves most to mediation in the court setting disproportionately impact (more…)

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