July 1, 2010

Center for Public Policy Dispute Resolution to Hold Skills Enrichment Institute July 28-30 - The Center for Public Policy Dispute Resolution at the University of Texas-Austin School of Law is hosting a series of skill-building programs for conflict resolution professionals and academics in Austin from July 28-30. Session topics cover a range of dispute resolution processes and focus on system designs, as well as strategies and techniques for participants.

For more information about the institute, titled "Innovations in Collaboration and Conflict Resolution," and to register, click here.

July 1, 2010

Illinois County Court Launches Foreclosure Mediation Program - The circuit court in Will County, Illinois, launched a foreclosure mediation program in June. According to The Lincoln-Way Sun, mediation services will be available to homeowners facing foreclosure who meet certain eligibility requirements. For example, they must be employed and currently live in the home being foreclosed. If a homeowner requests mediation, the lender would be required to participate. The program is being funded by a $150 foreclosure filing fee.

Click here for the full Lincoln-Way Sun article.

June 2, 2010

RSI Launches Court ADR Blog - RSI is pleased to announce its new blog, Just Court ADR. With an exclusive focus on issues related to court ADR, Just Court ADR is a unique voice in the growing online ADR community. The blog is written by RSI Executive Director Susan M. Yates, Director of Research Jennifer Shack, and Resource Center Coordinator Jessica Glowinski. Their posts cover news and research on court ADR and discuss a variety of important topics, including program development and management, mediator quality and qualifications, and mediation styles and techniques.

Click here to read and subscribe to Just Court ADR.

June 1, 2010

Indiana Courts Partner with State Housing Authority to Coordinate Foreclosure Settlement Conference Program - The Indiana Division of State Court Administration (SCAD) is teaming up with the Indiana Housing and Community Development Authority to implement a new model for foreclosure settlement conference programs in county courts. A state law that went into effect in July 2009 gives homeowners the option of requesting a settlement conference prior to foreclosure. According to the SCAD website, many of the conferences held in 2009 were “unsuccessful because one or both of the parties were unprepared.” The new initiative, the Mortgage Foreclosure Trial Court Assistance Project, seeks to correct this by implementing a new system involving local coordinators who will work with facilitators, pro bono attorneys, lenders and homeowners to schedule and hold settlement conferences. Coordinators are responsible for contacting homeowners in foreclosure cases and ensuring they know about the settlement conference option. Settlement conferences are facilitated by judicial officers or approved attorneys with a background in mediation and mortgage foreclosure issues.

Visit the project’s website for a full description of the program model. Click here for the full text of the foreclosure settlement conference law.

June 1, 2010

New Jersey Supreme Court Takes up Child Custody Arbitration Issue Again - The New Jersey Supreme Court granted certiorari in May to a case that will decide whether a decision by the court to allow arbitration of child custody issues applies retroactively. In July 2009, the court decided in Fawzy v. Fawzy that parents could choose to arbitrate child custody disputes, as long as the agreement to arbitrate was in writing and established that the parties waived their right to judicial determination, and the arbitration proceedings were recorded. In the current case, Johnson v. Johnson, the court will decide whether these arbitration requirements apply to a case in which parents arbitrated child custody issues prior to the Fawzy decision and did not record the arbitration proceedings. The appellate court held that the requirements did apply.

For the appellate court decision in Johnson v. Johnson, click here. For the
Supreme Court decision in Fawzy v. Fawzy, click here.

June 1, 2010

Amendment to Florida Rules for Mediator Marketing Practices Bans Use of Judicial Titles - A recent amendment to Florida’s Rules for Certified and Court-appointed Mediators prohibits retired judges from using the title "judge" with or without modifiers when marketing their private mediation practice. Retired judges also may not appear in marketing materials in judicial robes. The Supreme Court Committee on Alternative Dispute Resolution Rules and Policy, which suggested the amendment, reasoned that retired judges should not "use the prestige of the judicial office to advance his or her private interests."

Click here to read the full amendment. Read more and share your comments on the amendment on Just Court ADR.

May 4, 2010

Florida Legislature Considering Restorative Justice Bill - Both houses of the Florida legislature are considering a bill that would give priority to the principles of restorative justice in the state's juvenile justice system. Among other reforms to the state's Department of Juvenile Justice, the bill instructs the department to "focus on repairing the harm to victims of delinquent behavior by ensuring that the child understands the effect of his or her delinquent behavior on the victim and the community and that the child restores the losses of his or her victim."

Click here for the full text of the bill.