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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘mediation’

One-Day Divorce in San Diego Court

Susan M. Yates, July 1st, 2014

I love Richard Zorza’s Access to Justice Blog, especially when he covers programs like the one offered by San Diego, California courts to accomplish divorce in a single day. Zorza cites a New York Times piece to explain how the process works. The divorcing couple files for divorce and reaches agreement on everything: property, debts, child-related issues, etc. Then the couple goes to court and a court coordinator helps ensure they have all the necessary documents and they are completed correctly. With the paperwork in order, the couple can get their divorce the same day.

One of the things that makes this program unusual is that the court provides a coordinator who does not give legal advice, but who does help the divorcing couple ensure their documents are in order and help fill in any missing pieces if needed. (more…)

Values and Interests Revealed in Detroit “Grand Bargain”

Just Court ADR, June 24th, 2014

The story of the Detroit bankruptcy mediation’s emerging “Grand Bargain” (as it has been dubbed in the media) is a fascinating case of many different groups working to protect their chosen interests. The bargain demonstrates how mediation allows parties to consider what they are willing to give in order to secure the things that matter most to them, and how traditional rivals may collaborate for a shared goal. Where litigation must have winners and losers, the proposed mediated bargain seeks to avoid that. Instead, it involves a complex balancing act in which many parties give a little to get a little — if “a little” is the right way to describe the potential movement of hundreds of millions of dollars. (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…)

Mediation “Theology”

Susan M. Yates, May 8th, 2014

A mediation colleague in Chicago, Bob Berliner, recently used the term “theology” to describe the various schools of thought regarding mediation, such as evaluative, facilitative and transformative. He was using the term somewhat tongue-in-cheek and as shorthand for the idea of belief systems that individual mediators hold, as well as the debates among those mediators.

It got me thinking. Is there some similarity between how we develop our religious beliefs and how we develop our mediation styles? I’m not suggesting that our religious beliefs are linked to our mediation styles, but rather that similar forces are at work in developing these two sets of belief systems.

The thing that really struck me about this way of looking at our beliefs in our mediator styles is that none of them is based on proof any more than religious beliefs are based on proof. (more…)

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