Resources / Study / Innovation for Court ADR

Just Court ADR

The blog of Resolution Systems Institute

Archive for the ‘State Legislation’ Category

« Older Entries

In the Wake of COVID-19, Hawaii Legislature Passes Bill Requiring Mediation Before Eviction

Nicole Wilmet, May 28th, 2021

In April, the Hawaii legislature passed legislation to amend the state’s landlord-tenant code in the wake of COVID-19. The new legislation encourages the use of alternative dispute resolution (ADR) and modifies the landlord-tenant code in a few ways by: 

  1. Extending the deadline in notices of termination of a rental agreement from five days to fifteen days to allow time for mediation;
  2. Requiring landlords to provide a copy of the termination of a rental agreement which they serve to tenants to a mediation center that provides free landlord-tenant mediation; and  
  3. Requiring landlords to delay filing an action for repossession during the fifteen days after providing notice to the tenant to allow the tenant time to agree to or attempt to schedule a mediation.

The bill also implements several restrictions on when a landlord can exercise different remedies depending on the amount of back rent that is due and the timing in relation to the governor’s eviction moratorium. Finally, the bill notes that these amendments will be repealed one year after the governor’s final eviction moratorium expires, or on December 31, 2022, whichever is sooner.  Currently, the bill is awaiting signature from the governor. 

Posted in Court ADR Across the U.S., Eviction Mediation, State Legislation | No Comments »

Nebraska Updates Legislation to Include Restorative Justice

Nicole Wilmet, July 19th, 2019

In May, the Nebraska legislature passed an alternative dispute resolution bill that, in part, updates the state’s Dispute Resolution Act, Juvenile Code, and Student Discipline Act to include restorative justice provisions and expand the Office of Dispute Resolution’s authority to utilize restorative justice. The updated Dispute Resolution Act now requires the Office of Dispute Resolution director to support the implementation, development, promotion and evaluation of restorative justice at ADR centers. Individuals approved to be restorative justice facilitators at these centers are required to complete 30 hours of basic mediation training and must also undergo additional restorative justice focused training in topics including, but not limited to, restorative justice basics, trauma-informed practices, juvenile developmental characteristics and crime victimization.

The bill also updates the Dispute Resolution Act to include a privilege for communications made during or in connection with cases referred to restorative justice programs. The new bill also provides definitions for restorative justice and restorative justice facilitator in both the Dispute Resolution Act and Juvenile Code and further defines victim conferencing in the Juvenile Code.

Updates to the Juvenile Code include providing restorative justice as an option in juvenile cases and permitting courts to order juveniles for assessment and referral to restorative justice programs. Additionally, the newly updated Juvenile Code permits county/city attorneys to utilize restorative justice services as a part of diversion. Finally, the new legislation updates the Student Discipline Act and permits school districts to refer students to restorative justice practices and services to address behavioral issues. The bill was signed into law by Governor Pete Ricketts on May 21, 2019 and may be read in full here.

Posted in Court ADR Across the U.S., Restorative Justice, State Legislation | No Comments »

Wisconsin Assembly Considers Bill that Would Require Proposed Parenting Plans to Be Submitted Before Mediation

Nicole Wilmet, May 28th, 2019

In Wisconsin, in any family law cases, including cases where legal custody or physical placement is contested, parties are required to attend at least one session of mediation. If the parties are unable to reach an agreement during this initial mediation session (or if mediation has been waived due to hardship or safety concerns), the parties are then required to file a parenting plan with the court. These parenting plans are required to contain a variety of information including the type of legal custody or physical placement sought, the child support and maintenance needed, as well as information on the parent’s current residence, employment, how the child’s medical expenses will be paid, and a proposed holiday placement schedule for the child.

The Wisconsin Assembly recently introduced a bill that would modify the parenting plan requirements and the timeline for mediation. Under the proposed legislation, each party would be required to submit a proposed parenting plan at least ten days prior to the initial mediation session. As a result, under this new schedule, mediators would discuss the content of these proposed parenting plans with the parties during their initial mediation session. The proposed bill also makes changes to the required contents of the parenting plans. Under the proposed bill, parenting plans would no longer be required to include information on the type of child support and maintenance sought or contain information about how the child’s medical expenses will be paid. Instead, the proposed bill would require parenting plans to include specific details about the various costs expected to be incurred by or on behalf of the child. In a recent video, Representative Robert Brooks and Senator Lena Taylor further discuss this bill, as well as four other proposed bills that address child custody and support.

Posted in Family, State Legislation | No Comments »

Update: New Jersey Foreclosure Legislative Package Signed Into Law

Nicole Wilmet, May 24th, 2019

In March, I reported on a package of ten bills being considered by the New Jersey legislature that would reform the state’s residential mortgage foreclosure process. The bills were built on recommendations from a Special Committee on Residential Foreclosures that examined the state’s foreclosure practices, policies, court rules and legislation and made suggestions for improvement. Since March, a handful of the original ten bills underwent slight modifications and currently, one of the initial bills is still under consideration. At the end of April, New Jersey Governor Phil Murphy signed a modified nine-bill package into law. Notably, one of the bills in the package codifies and makes permanent the state’s Foreclosure Mediation Program. Additional information about the other bills in the package can be found here.

Posted in Foreclosure Mediation, State Legislation | No Comments »

« Older Entries
Verified by ExactMetrics