In the world of ADR news, California’s mediation confidentiality provisions are achieving “Kardashian”-like levels of fame at the moment, with a comparable amount of dramatic fireworks to boot. Since 1993, California has included in its Evidence Code provisions which guarantee mediation confidentiality and greatly limit the discovery and admission of evidence procured from mediations. However, between an initiative to rewrite the California Evidence Code and a recent decision in Delaware’s influential Court of Chancery, these protections face a challenge, one that threatens to jeopardize the reliability of mediation as a viable dispute resolution process in the Golden State. (more…)
Posts Tagged ‘mediation’
CA Confidential: How The Latest Challenges to California’s Evidence Code Undermine Mediation
Just Court ADR, November 3rd, 2015What is Court ADR? Clearing Up Some Misconceptions
Jennifer Shack, October 2nd, 2015How can you make good decisions if the information you have is limited or wrong? That’s the question that drove me to the fields of research and program evaluation – good policy and effective programs are passions of mine, and there’s no way to have either without accurate, reliable information. It’s also the question that ran through my head as I read the article, “To Mediate in Court or out of Court, that is the Question” in Financier Worldwide. In the article, the author distinguishes between court and private mediation in a way that is not consistent with the wide variety of court and private mediation that exists in the United States. The article provides a good example of the misconceptions I often see in articles about mediation, misconceptions that can lead to poor decisions about the use of mediation. (more…)
What “Mandatory” Really Means in Foreclosure Mediation
Susan M. Yates, July 13th, 2015There is a lot to be learned by reading RSI’s evaluation of the foreclosure mediation programs that are supported by a grant from the Office of the Illinois Attorney General. The evaluation, which was conducted and written by RSI’s amazing Director of Research, Jen Shack, is comprehensive, well-reasoned and insightful.
One thing that struck me is how the various programs use the term “mandatory” to describe mediation services. When I think of mandatory participation in mediation, I think of the typical family mediation program for contested child-related issues in which parents must attempt mediation (barring certain disqualifying factors) or the court will not move forward with their case. In foreclosure mediation, some programs call themselves mandatory, but court rules impose no negative consequences if the homeowners do not try mediation. (more…)
Boston Police Department Creating Mediation Program for Complaints Against Police
Just Court ADR, May 14th, 2015The Boston Police Department is in the last stages of creating a program to address citizen complaints against police officers. The program would attempt to resolve disputes through mediation. Organizers hope to improve police/citizen relations, and to help clear some of the backlog of citizen complaints in Boston that may take 400 days or more to resolve.
The program is anticipated to involve the police department, three police unions and the Harvard Mediation Program at Harvard Law School. At this time, the unions still need to approve the program policy. Mediators would include Harvard Law School students and local residents trained in dispute resolution. They would handle moderate disputes from the Boston PD Internal Affairs department, such as “rudeness, unprofessional conduct and abusive language.”
Mediations would take place on neutral territory away from the police department. Most cases would conclude in a day, and the Harvard Mediation Program would supply mediators at no charge. Internal Affairs would continue to manage more serious complaints.
Police departments in several other major cities including Washington DC, New York City, Denver and San Francisco already have similar third-party mediation programs.
