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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘mediation’

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…)

Part 3 of 3: Foreclosure Mediation Best Practices

Just Court ADR, March 14th, 2012

MEDIATION 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…)

Part 1 of 3: Foreclosure Mediation Best Practices

Just Court ADR, March 1st, 2012

With the proliferation of foreclosure mediation programs, legislation, and reports, states and other entities attempting to create such programs need clear, expert guidance about lessons learned during foreclosure mediation’s four-year history. Especially with additional funding from the 49 state attorney general foreclosure settlement, states have the powerful opportunity to create high quality mediation programs. This report, which will be featured in three parts on this blog, highlights wisdom collected from existing programs, failed attempts to create programs, and mediation’s long history of success in resolving court-based and other types of disputes. The first section is on how to begin a foreclosure mediation program to ensure its success.

PROGRAM BEGINNINGS

Set Goals and Define Success

The initial step of gathering everyone in a room to talk about goals is a difficult one, but is essential for the subsequent foreclosure mediation program to succeed. (more…)

Blaming ADR

Just Court ADR, February 14th, 2012

When Mayanne Downs took office as President of The Florida Bar in June 2010, she stated that under her watch, a special committee would examine the decline in the number of jury trials and its impact on the judicial system, the public and lawyers. Especially in the face of drastic cuts to the judiciary’s budget, both at a state and federal level, this exploration seems timely. Getting a snapshot of why trends occur helps courts, the bar, and litigants consciously plan for what lies ahead.

The resulting report, however, speaks ominously (more…)

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