In her recent article in The Ohio State Journal on Dispute Resolution (and in previous articles here and a workshop here), Susan Oberman discusses the tension between mediation’s promotion of confidentiality and the constitutional right to privacy. While the article examines extensively the history of privacy, confidentiality, and constitutional/state law, I want to point mediators and court mediation program administrators to an issue of particular relevance for their practice. (more…)
Posts Tagged ‘good faith’
The Silent Space: Mediation Confidentiality, the Right to Privacy, and the Mediator’s Role
Just Court ADR, July 12th, 2012Part 3 of 3: Foreclosure Mediation Best Practices
Just Court ADR, March 14th, 2012MEDIATION 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…)
Foreclosure Mediation, Saving Homes, and Appropriate Dispute Resolution
Just Court ADR, February 23rd, 2012As someone who reports on foreclosure mediation around the country, I am thankful for the work of the Department of Justice and the National Consumer Law Center, which have both published extensive reports on the benefits of foreclosure mediation in recent weeks. The DOJ’s report is a follow-up on an Access to Justice Initiative conference RSI attended last year, which focused on how foreclosure mediation programs can be evaluated for their effectiveness. The NCLC report is the work of Geoff Walsh, a consumer lawyer who focuses on the foreclosure crisis and how consumers benefit from mediation programs that address foreclosures and provide a mechanism for servicer accountability. Walsh also helpfully demonstrates (on pages 33-41) how foreclosure mediation does not have to cost states too much and does not have to extend the foreclosure timeline.
While I agree with most of the assessment these reports provide, I’d like to highlight a couple of points – based on RSI’s experience and expertise in the court ADR field – with which I disagree. (more…)
Top Ten Court ADR Developments in 2011, Trends for 2012
Just Court ADR, January 10th, 2012The beginning of the year always prompts reflection and re-dedication to self-improvement. While we at RSI can’t promise you we’ll take our vitamins every day in the new year, we do pledge to continue bringing you expert resources about court ADR, including quality blog posts about of-the-moment ADR issues. Let’s start 2012 with a look back at the top court ADR stories in 2011, grouped by theme. Jen Shack, Jessica Glowinski and Heather Scheiwe Kulp have also made a few predictions for the hot topics of 2012. Do you agree? Any to add?
