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…)
Archive for the ‘Policy-making’ Category
Why Mediation Cannot Replace Court
Just Court ADR, November 4th, 2011Florida Looks to End Mandatory Mortgage Foreclosure Mediation
Jennifer Shack, October 25th, 2011A Florida judicial committee has called for the end of mandatory mediation in Florida. As reported in the Palm Beach Post on Friday, statistics from the circuits show that statewide only 3.6% of all cases referred to mediation reached agreement from March 2010-March 2011. The committee cited obstacles such as “homeowner mistrust of the mediation program and lender resistance” for the program’s poor performance.
This leads to the question of why mandatory mediation is working so much better in Philadelphia, where 70% of all homeowners referred to mediation participate in the process, and 33% leave with an agreement. Only 16% of participating cases end with a sheriff’s sale. Perhaps Florida should look north before scrapping their program.
Potholes on the Road to Justice: Race and Mediation
Just Court ADR, October 17th, 2011Mediation 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…)
Articulated Purposes and Objectives for Foreclosure Mediation Programs
Just Court ADR, September 6th, 2011Foreclosure mediation and mitigation programs began appearing in local, state, and national contexts in response to the foreclosure crisis. As the crisis persists, more states have adopted or are looking to adopt such programs as a way to ensure borrowers (more…)
