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Just Court ADR

The blog of Resolution Systems Institute

Archive for the ‘Training, Skills & Techniques’ Category

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…)

Attending to Mediation Attendance

Just Court ADR, January 27th, 2012

January seems to be a popular month for birthdays among my friends, with six celebrations in three weekends.  Mostly, my husband and I have been able to attend together. But when the parties overlapped this past weekend, he went to one party and I to another. Though I called the other party to wish my friend a happy birthday, the call was no substitute for actually attending the party.

The conundrum of party attendance has me thinking about attendance in mediation. Some recent developments have revived the issue of what constitutes attendance, and who should attend. General consensus among neutrals, it seems, is that whenever possible, both parties in a dispute should attend mediation in person. (more…)

Anticipating the American Bar Association Dispute Resolution Conference

Just Court ADR, January 3rd, 2012

Over the holidays, I visited a relative who works at a major retail store. I wanted to purchase a long, warm winter coat to ward off the cold Chicago wind. With a smirk, she led me to what was, only a few weeks before, the coat section. It was filled with swim suits.

While I’m not ready to exchange my mittens for a beach blanket quite yet, I am thinking fondly about the upcoming spring activities in the ADR world. Specifically, I’m excited to hear (more…)

Potholes on the Road to Justice: Race and Mediation

Just Court ADR, October 17th, 2011

Mediation 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…)

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