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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘mediation’

The Ups and Downs of ADR Policymaking

Just Court ADR, September 17th, 2014

This is the story of how a law intended to increase mediation use led to a dramatic drop-off in mediation and what was done to try to fix the error.

In April 2013, the Legal Aid, Sentencing and Punishment of Offenders Act came into force in England and Wales. The law cut legal aid, which formerly had been available for nearly all civil cases. In family law, legal aid for court cases was now only available for cases that involved allegations of domestic violence or child abuse. However, government funding for mediation of family case was increased by ten million pounds.  (more…)

What’s Labor Day Got to Do with ADR?

Susan M. Yates, August 29th, 2014

For a while in the evolution of the ADR field, when two neutrals met they would sometimes ask what the other’s “profession of origin” was. What they meant was, “what did you do before you were a mediator?” There were some unspoken questions packed in there, too. They wanted to know, are you a full-time neutral or are you really from some other profession and trying to break into this one? And mostly I think they wanted to know, are you like me? Are you a lawyer, a therapist…?

I haven’t heard this question much recently. Maybe that is partly because ADR really is sinking into our society. Kids are mediating on playgrounds and deciding in college that they want to be mediators. Young adults are getting Masters Degrees in conflict resolution and looking to change the world. More people see mediation as their first career of choice, not the one they move to when they are tired of their original plan.

Even as conflict resolution increasingly becomes part of our everyday life, I would like to pay homage to a profession of origin that seems to be lost in the haze of ADR history. Thank you to the mediators and arbitrators who came from the labor relations field. (more…)

Foreclosure Mediation May Be Good For Your Health

Just Court ADR, May 21st, 2014

While we can all imagine that going through the foreclosure process can be stressful for homeowners and their families, now there is a study that concludes it may also be stressful for the neighbors. A new study released in the May 12, 2014 edition of Circulation, a journal of the American Heart Association, found that individuals experienced an average 1.71 millimeters of mercury increase in systolic blood pressure for every foreclosure within 100 meters of their home. While that may not seem like much, such a rise in blood pressure is roughly equivalent to the increase a person experiences as a result of three years of aging.

Another interesting aspect of the study was that health consequences were dependent on how foreclosures were resolved. Properties that slipped into foreclosure, but then recovered or were quickly sold, did not result in negative health consequences for community members. Rather, blood pressure rates started to rise when foreclosure led to properties that languished with uncertainty, resulting in vacant homes and neighborhood blight.

If the uncertainty of foreclosure and the empty or poorly maintained properties that can result is the health concern, then mediation may be part of the cure. (more…)

In re Lee Part 3: Implications for Stakeholders

Just Court ADR, November 19th, 2013

In this final installment of our series on the Texas family mediation case In re Lee, we’ll examine the implications of the holding upon parents, judges and mediators. To recap, the Texas Supreme Court ruled in In re Le that a trial court judge must enter a mediated settlement agreement (MSA) two parents had made arranging custody for their child, even though the judge believed the MSA was not in the child’s best interests. So what does the ruling mean for the different stakeholders in family mediation? (more…)

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