In a settlement conference, what is the value of having someone present with full authority to settle? If one party lacks the authority, it can result in aggravation, wasted court fees, and lost time for trial preparation. American Family Insurance (AFI) recently learned this to their cost in a dog-bite case in Washoe County, Nevada. Because Judge Janet Berry did not believe the insurers had complied in good faith with her rules on authority to settle, she found the company in contempt and sanctioned them $50,000. (more…)
Archive for the ‘ARCHIVE’ Category
Settlement Conferences and the Price of Contempt
Just Court ADR, May 27th, 2014Foreclosure Mediation May Be Good For Your Health
Just Court ADR, May 21st, 2014While we can all imagine that going through the foreclosure process can be stressful for homeowners and their families, now there is a study that concludes it may also be stressful for the neighbors. A new study released in the May 12, 2014 edition of Circulation, a journal of the American Heart Association, found that individuals experienced an average 1.71 millimeters of mercury increase in systolic blood pressure for every foreclosure within 100 meters of their home. While that may not seem like much, such a rise in blood pressure is roughly equivalent to the increase a person experiences as a result of three years of aging.
Another interesting aspect of the study was that health consequences were dependent on how foreclosures were resolved. Properties that slipped into foreclosure, but then recovered or were quickly sold, did not result in negative health consequences for community members. Rather, blood pressure rates started to rise when foreclosure led to properties that languished with uncertainty, resulting in vacant homes and neighborhood blight.
If the uncertainty of foreclosure and the empty or poorly maintained properties that can result is the health concern, then mediation may be part of the cure. (more…)
Property and Financial ADR Options for Families Will Expand Thanks to Cook County Rule Change
Just Court ADR, April 29th, 2014The Circuit Court of Cook County Illinois serves more than 5 million residents of Chicago and surrounding suburbs. The recent revision of the county’s rule on domestic relations mediation, Cook County Circuit Court Rule 13.4(e), builds on the court’s long-standing program of mediation services required and provided by the court. Previously, the rule covered all contested initial determinations of custody, visitation, or parenting time, changes to those issues, and removal or relocation of the child. The revised rule leaves that program in place, while adding new options for the courts and families. (more…)
Foreclosure Mediation Programs Reflect and Refine
Just Court ADR, April 22nd, 2014Foreclosure mediation programs can now be found all over the country. Models vary widely, both in their rules and procedures and in terms of the populations they serve. Most programs were started as a response to the mortgage foreclosure crisis and some programs have been around for a number of years now. While it’s often argued that the worst of the housing crisis is behind us and that foreclosure mediation programs are no longer necessary, new studies are revealing that the need is there, that programs can be effective, and that there are lessons to be learned in terms of how programs can maximize results.
Maine is one state evaluating its foreclosure response and concluding that foreclosure mediation is having a positive impact. (more…)
