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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘mediation’

Attending to Mediation Attendance

Just Court ADR, January 27th, 2012

January seems to be a popular month for birthdays among my friends, with six celebrations in three weekends.  Mostly, my husband and I have been able to attend together. But when the parties overlapped this past weekend, he went to one party and I to another. Though I called the other party to wish my friend a happy birthday, the call was no substitute for actually attending the party.

The conundrum of party attendance has me thinking about attendance in mediation. Some recent developments have revived the issue of what constitutes attendance, and who should attend. General consensus among neutrals, it seems, is that whenever possible, both parties in a dispute should attend mediation in person. (more…)

Top Ten Court ADR Developments in 2011, Trends for 2012

Just Court ADR, January 10th, 2012

The 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?

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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…)

Potholes on the Road to Justice: Race and Mediation

Just Court ADR, October 17th, 2011

Mediation is about giving everyone a chance to share their stories, balancing power dynamics and leveling the playing field. But what if the ground on which we presume to build the field has holes too big to backfill sufficiently?

Those issues that lend themselves most to mediation in the court setting disproportionately impact (more…)

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