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Just Court ADR

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Posts Tagged ‘Delaware’

Delaware Arbitration Program Sued as Unconstitutional

Jennifer Shack, October 27th, 2011

Via Art Hinshaw at ADR Prof Blog, the judges in Delaware’s Chancery Court are being sued by the Delaware Coalition for Open Government for operating a private arbitration system. The crux of the lawsuit is that the court’s arbitration program for business disputes, in which sitting judges act as private arbitrators, is essentially a way for court proceedings to be held outside of public view. According to the complaint, this is a violation of the presumptive right to access to judicial proceedings and documents as guaranteed by the First Amendment of the Constitution.

Read more about it here.

Articulated Purposes and Objectives for Foreclosure Mediation Programs

Just Court ADR, September 6th, 2011

Foreclosure mediation and mitigation programs began appearing in local, state, and national contexts in response to the foreclosure crisis. As the crisis persists, more states have adopted or are looking to adopt such programs as a way to ensure borrowers (more…)

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