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Just Court ADR

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Archive for the ‘Program Management’ Category

Illinois Supreme Court Increases Reporting Requirements for Family Mediation

Jennifer Shack, September 24th, 2013

Anyone who knows RSI knows that we’re all about data. We believe that courts need good data about their programs in order to make good decisions about them. That’s why we were thrilled when the Illinois Supreme Court Committee on Child Custody Issues asked for our help in developing a mediator report and participant survey that will be used statewide for family mediation. We’re even more thrilled that those forms have been adopted and will be required by the Supreme Court. This is part of the Court’s amendments to Rule 905, which went into effect September 1.

The rule, which governs child custody and visitation mediation, now requires that every judicial circuit file a quarterly report with the Administrative Office of the Illinois Courts that includes “the number of custody, visitation and removal cases referred to mediation; the outcome of such a referral; number of cases referred on a pro bono basis; and the percentage of cases where the parties expressed satisfaction or dissatisfaction with the process.”  The information will be used for what we love best at RSI – review of the mediation program statewide.

A more substantive change in the rule expands mandatory mediation to include a custodial parent’s request to remove a child to another state. It also requires the courts to make a “good faith” effort to provide an interpreter when a non-English speaking parent is involved in mediation and to provide a pro bono attorney when applicable.

Foreclosure Mediation Upheld against Constitutional Challenge

Just Court ADR, August 23rd, 2012

For the second time in as many years, a foreclosure mediation program has faced a constitutional challenge. This time, the 153,000-person city of Springfield, Massachusetts, will be allowed to move forward with a foreclosure mediation program for residents.

The first was a constitutional challenge from Wells Fargo against the Nevada Supreme Court Foreclosure Mediation Program. Wells Fargo claims the mediation program itself violates the due process clause. More specifically, Wells Fargo claims a provision that allows sanctions for non-compliance, violated the U.S. constitution. Nevada’s mediation program allows judges to issue sanctions if the lender does not participate in good faith. Sanctions may include an ordered write-down of the mortgage. Wells Fargo says this violates the contracts clause and the takings clause by interfering with a contract provision and appropriating private real and personal property for public use without compensation. The court (more…)

Using Foreclosure Settlement Funds for Effective Mortgage Dispute Resolution

Just Court ADR, May 21st, 2012

The settlement was huge. Five major banks signed an agreement with 49 Attorneys General after the AGs instigated an investigation into the foreclosure crisis and the banks’ involvement in it. The result: an unprecedented $25 billion is flowing into states over the next three years to repair the damage the foreclosure crisis has caused to infrastructure, lending and homes. The settlement agreement earmarks $2.66 billion of this money for foreclosure prevention efforts, which could include increased housing counseling availability and more robust dispute resolution programs.

So where is the money going? (more…)

Part 3 of 3: Foreclosure Mediation Best Practices

Just Court ADR, March 14th, 2012

MEDIATION SESSION ELEMENTS

Ensure Mediators are Well-Trained

Some programs, fearing they will not be able to attract people to mediate, lower the requirements for training mediators. Instead of the normal 40 hour mediation training, they may require only 12 hours of training with an additional training in foreclosure law, or only require that the mediator be an attorney. This lack of training jeopardizes the mediation process itself, as people may not have the tools after 12 hours of training to manage such a complicated discussion. Connecticut’s program boasts a high settlement rate, in part because (more…)

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