So much data, too little time and money. That’s been RSI’s takeaway from courts as we’ve worked with them in Illinois and beyond to develop and improve their ADR programs. We’ve been told one of two things: “We’d love to track our program, but we don’t have anyone who can enter the data.” Or, “We’ve got a whole lot of data, just no way to enter it.” It’s a dilemma we know is difficult to overcome even as we encourage courts to maintain monitoring systems and conduct evaluations so they can keep tabs on how well their program is doing and remain accountable to funders and the public. (more…)
Archive for the ‘Program Management’ Category
How Do You Deal with the Dilemma of Data Tracking?
Jennifer Shack, February 6th, 2012Top Ten Court ADR Developments in 2011, Trends for 2012
Just Court ADR, January 10th, 2012The beginning of the year always prompts reflection and re-dedication to self-improvement. While we at RSI can’t promise you we’ll take our vitamins every day in the new year, we do pledge to continue bringing you expert resources about court ADR, including quality blog posts about of-the-moment ADR issues. Let’s start 2012 with a look back at the top court ADR stories in 2011, grouped by theme. Jen Shack, Jessica Glowinski and Heather Scheiwe Kulp have also made a few predictions for the hot topics of 2012. Do you agree? Any to add?
Termination of Mandatory Statewide Foreclosure Mediation in Florida Leads to a Few Lessons
Just Court ADR, December 20th, 2011The Florida Supreme Court issued an order Monday, December 19, 2011, terminating the mandatory mediation program it created in 2009 as an emergency measure to deal with the foreclosure flood in Florida. While individual circuits can create localized mediation programs or refer foreclosures cases to mediation on a case-by-case basis, and some programs commit to remaining active, the statewide program will receive no new referrals as of yesterday.
Without commenting on whether this is a good or a not-so-good move, (more…)
Developing Mediation Programs as an Exercise of Police Power?
Just Court ADR, December 7th, 2011The 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…)
