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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘court’

What “Mandatory” Really Means in Foreclosure Mediation

Susan M. Yates, July 13th, 2015

There is a lot to be learned by reading RSI’s evaluation of the foreclosure mediation programs that are supported by a grant from the Office of the Illinois Attorney General. The evaluation, which was conducted and written by RSI’s amazing Director of Research, Jen Shack, is comprehensive, well-reasoned and insightful.

One thing that struck me is how the various programs use the term “mandatory” to describe mediation services. When I think of mandatory participation in mediation, I think of the typical family mediation program for contested child-related issues in which parents must attempt mediation (barring certain disqualifying factors) or the court will not move forward with their case. In foreclosure mediation, some programs call themselves mandatory, but court rules impose no negative consequences if the homeowners do not try mediation. (more…)

Termination of Mandatory Statewide Foreclosure Mediation in Florida Leads to a Few Lessons

Just Court ADR, December 20th, 2011

The 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…)

Court Mediation Prompts Pre-Filing Foreclosure Mediation Program

Just Court ADR, January 4th, 2011

Three years after the first foreclosure mediation program launched in Ohio, more jurisdictions are reporting their program statistics. Resolution Systems Institute has long advocated that courts should monitor and evaluate their own programs. Monitoring and evaluations provide a tool for identifying how to improve programs for parties, lawyers, and courts.

Now, evaluation is helping improve mediation services outside the courts. (more…)

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