July 31, 2015
Connecticut Moves to Extend Foreclosure Mediation Program - The Connecticut General Assembly recently enacted an amendment to extend the life of its mediation program for mortgage foreclosures. Originally slated to run through the end of June 2016, Public Act 15-124 provides that the program will be funded and administered through June 30, 2019. The bill, signed into law on June 23, also expanded the program to some spouses and former spouses of mortgagors, as well as modified elements of the pre-mediation process. Read more about the changes here.
July 17, 2015
RSI Releases Its Comprehensive Six Programs, Six Models Report on Illinois Foreclosure Mediation Programs - Resolution Systems Institute has published a comprehensive report evaluating six foreclosure mediation programs funded by a grant from the Office of the Illinois Attorney General. The programs, which are administered by RSI, the University of Illinois College of Law Community Preservation Clinic and Carbondale-based nonprofit Dispute Resolution Institute, each employ a different model. The evaluation found that the programs provided homeowners a better understanding of their options, a respectful and fair process, and a strong chance to save their homes. Follow the link to read the full Six Programs, Six Models report.
April 6, 2015
AFCC Calls for Comments on Guidelines for Child Custody Evaluation Affected by Intimate Partner Violence - The Association of Family and Conciliation Courts (AFCC) has called for comments on their drafted guidelines for child custody evaluation when intimate partner violence is involved. The proposed guidelines and survey form are linked here. Comments will be accepted through May 6, 2015.
April 3, 2015
In California, Mediation Confidentiality Bars Malpractice Suit - In California, the 2nd District Court of Appeal held that the state’s mediation confidentiality statutes prohibited a party from bringing evidence of his own representative’s malpractice because the alleged bad advice was given during a mediation session. In Amis v. Greenberg Traurig LLP et al., the plaintiff accepted a mediation agreement in which he and other shareholders assumed a $2.4 million corporate debt. The plaintiff said his counsel had not explained that the shareholders would likely not have had personal liability without the mediated agreement. The 2nd District affirmed a lower court judgment that because of confidentiality no evidence from the session was admissible. The court expressed sympathy with Amis’s assertion that mediation confidentiality was not intended to protect attorneys from malpractice claims, but said that this “seemingly unintended consequence” must be corrected by the Legislature, not the courts.
April 3, 2015
Nevada Bankruptcy Court Adopts Mortgage Modification Mediation Program - The United States Bankruptcy Court for the District of Nevada has announced uniform procedures for its Mortgage Modification Mediation Program. The program applies to all real estate involved in Las Vegas Chapter 13 bankruptcy filings, including both commercial and residential. The goal of the program is to facilitate communication between debtors and lenders, in the hopes of encouraging them to finalize an agreement under court supervision.
February 17, 2015
Register for Online Dispute Resolution Conference - Registration is now open for the 2015 International ODR conference. This year's meeting, from June 3-5, 2015, is being hosted by Pace Law School at Pace's campus in Manhattan. Our principal keynote speakers are Richard Susskind, Esther Dyson, Colin Rule and others. Registration and other program information is accessible here
February 5, 2015
Call for Nominations for Award for ADR Scholarship - The Hugh L. Carey Center for Dispute Resolution at St. John’s University School of Law has announced a new $5,000 annual award for published ADR research. The Mangano Dispute Resolution Advancement Award “honors the researcher(s) whose published empirical research has furthered the advancement and understanding of the values and skills of dispute resolution.” Submissions nominating papers published between January 2013 and February 2015 should be entered by Friday, February 27.