As a mediator who likes to think that I help parties understand and work with their emotions and their underlying needs and interests, the training I attended last month on Nonviolent Communication (NVC) was fascinating. They say it can take three years to really understand how to incorporate NVC fully into your life, and I don’t profess to really understand NVC after one weekend, but this introduction was fascinating. This introductory seminar didn’t address how to mediate in the light of NVC, but it left me reflecting on how that might happen. (more…)
Posts Tagged ‘mediation’
Mediation and Non-Violent Communication
Susan M. Yates, July 5th, 2012New Report Shows US Federal Courts Embrace ADR
Just Court ADR, June 26th, 2012The US Courts’ news service posted last week about a preliminary report by Donna Stienstra at the Federal Judicial Center that shows the extent to which federal courts use ADR. Thirty years after a handful of courts first began experimenting with ADR, every federal district court now authorizes some form of ADR, and a third of courts authorize multiple ADR processes. During the year ending June 30, 2011, more than 28,000 cases were referred to ADR in 49 district courts (out of 94 total district courts; statistics weren’t available for the remaining courts). (more…)
Uniform Law Commission and Foreclosure Mediation
Just Court ADR, June 12th, 2012This month, Resolution Systems Institute was invited to consult on residential mortgage foreclosure mediation at the Uniform Law Commission’s (ULC) Mortgage Foreclosure Committee meeting. The ULC is a non-governmental organization that drafts laws which states may voluntarily adopt in whole or use in part to create their own laws. The Committee is considering drafting a uniform law on foreclosures and is interested in including a provision on foreclosure mediation. RSI provided its Mortgage Foreclosure Mediation and Mitigation Models report, along with other materials, to the Committee prior to the meeting. I, as staff attorney at RSI, along with four program managers from foreclosure ADR programs around the country, addressed the Committee and forty interested observers from lending, borrowing, academic, and governmental sectors. The following are my opening remarks:
Greetings, members of the Committee and observers. Thank you for the opportunity to present you with our research and experience in foreclosure alternative dispute resolution programs. We represent a few of the 23 states, (more…)
Using Foreclosure Settlement Funds for Effective Mortgage Dispute Resolution
Just Court ADR, May 21st, 2012The settlement was huge. Five major banks signed an agreement with 49 Attorneys General after the AGs instigated an investigation into the foreclosure crisis and the banks’ involvement in it. The result: an unprecedented $25 billion is flowing into states over the next three years to repair the damage the foreclosure crisis has caused to infrastructure, lending and homes. The settlement agreement earmarks $2.66 billion of this money for foreclosure prevention efforts, which could include increased housing counseling availability and more robust dispute resolution programs.
So where is the money going? (more…)
