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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘litigation’

E-Discovery Mediation and Litigation Planning

Just Court ADR, April 30th, 2012

Welcome Jennifer LaDuke, RSI’s guest blogger, writing about her experiences at a recent e-Discovery mediation training.

As an attorney shifting her career toward mediation, I am always on the lookout for training opportunities to further my skill set and knowledge base. I have previous experience with litigation and electronically-stored information, including participating in a half-dozen large-scale cases where tens of thousands of electronic documents had to be reviewed, tagged, and logged. So, I was thrilled to link my interest in mediation and my previous experience by attending a recent two-day training program offered by the American College of e-Neutrals on the use of mediation to (more…)

Developing Mediation Programs as an Exercise of Police Power?

Just Court ADR, December 7th, 2011

The foreclosure crisis is real, and it is not dissipating anytime soon. So why would a borrower advocate undermine a process meant to facilitate resolutions?

State and local governments seek creative ways to resolve the crisis. Some have looked to mediation and its rich history of providing a forum to disputing parties – including parties to foreclosures – to discuss alternatives to litigation. Courts (in judicial foreclosure states) and other government entities (in non-judicial foreclosure states) have created mediation programs to encourage borrowers and servicers to talk face-to-face about options other than foreclosure. These options include loan modifications as well as graceful exits.

Now, a court case in Nevada (Wells Fargo v. Renslow) challenging the constitutionality of Nevada’s non-judicial Foreclosure Mediation Program threatens to dismantle 30 years of good work mediators and mediation developers have done. And it’s not because Wells Fargo claims that the Program violates the U.S. Constitution’s contracts clause. (more…)

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