In her recent article in The Ohio State Journal on Dispute Resolution (and in previous articles here), Susan Oberman discusses the tension between mediation’s promotion of confidentiality and the constitutional right to privacy. While the article examines extensively the history of privacy, confidentiality, and constitutional/state law, I want to point mediators and court mediation program administrators to an issue of particular relevance for their practice. (more…)
Posts Tagged ‘mediation’
The Silent Space: Mediation Confidentiality, the Right to Privacy, and the Mediator’s Role
Just Court ADR, July 12th, 2012Using Foreclosure Settlement Funds for Effective Mortgage Dispute Resolution
Just Court ADR, May 21st, 2012The settlement was huge. Five major banks signed an agreement with 49 Attorneys General after the AGs instigated an investigation into the foreclosure crisis and the banks’ involvement in it. The result: an unprecedented $25 billion is flowing into states over the next three years to repair the damage the foreclosure crisis has caused to infrastructure, lending and homes. The settlement agreement earmarks $2.66 billion of this money for foreclosure prevention efforts, which could include increased housing counseling availability and more robust dispute resolution programs.
So where is the money going? (more…)
Part 3 of 3: Foreclosure Mediation Best Practices
Just Court ADR, March 14th, 2012MEDIATION 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, 2012With 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…)
