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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘good faith’

Groundbreaking Court Decision Requires Courts to Comply with Mediators

Just Court ADR, July 15th, 2011

Housing advocates are lauding the Nevada Supreme Court’s trio of decisions, released Thursday, about Nevada’s foreclosure mediation program. However, under the surface of Pasillas, Redmon, and Leyva lurks factors that could cause upheaval (more…)

Reporting on Reporting on Good Faith

Just Court ADR, March 9th, 2011

No one wants parties in a mediation to sit at the table with their arms crossed, refusing to talk. But who, if anyone, should tell mediators how to evaluate a party’s good faith participation in mediation? (more…)

Foreclosure Mediation goes to Washington: U.S. Senate Committee on the Judiciary Hears Testimony on Foreclosure Mediation

Just Court ADR, February 1st, 2011

In the face of a tremendous snow storm, another storm received air time this morning. The housing crisis has resulted 1.2 million foreclosed homes, with promise of a million more during 2011, the anticipated peak year. So far, 27 states or localities have created some form of foreclosure mediation program to deal with the storm, with Washington State close behind.

The federal government’s voice has recently risen above the squall. (more…)

Good Faith, Revisited

Jennifer Shack, September 21st, 2010

(See the posting from Susan Yates, “Learning from the Gamble on Foreclosure Mediation in Nevada,” on this subject, too.)

An article in Sunday’s New York Times examined the shortcomings some see in Nevada’s foreclosure mediation program. The article focuses in part on complaints that the lenders are not participating in good faith. Mediators who have recommended sanctions against the lenders say they have been removed from the program’s roster. They state that they are bound by statute to make the recommendation. The court rule makes no mention of good faith participation, and the Court appears to be relying on the rule in its decision to bar the mediators from the roster.

Leaving aside the question of which authority prevails, I’d like to examine the wisdom of requiring mediators to recommend sanctions against a party. NRS 107.086 states in part: (more…)

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