Sunday, September 25, 2011

Mediation Process Keeps Homeowners In Their Homes

Philadelphia court's standing order requires all parties to any foreclosure proceeding to meet their opposition face to to face to work out a resolution.  The result:  85% of participants were able to keep their homes.  The Philadelphia court system's program cost the city roughly $3,310.00 to save each home from foreclosure.  Philadelphia's program exemplifies the cost savings of mediation versus traditional litigation.  In the city of San Francisco, officials estimate it costs the city over $19,000 for each foreclosure.

Wednesday, September 21, 2011

Conflict Resolution Day - October 20, 2011

The Association for Conflict Resolution celebrates "CR Day" on October 20, 2011. The Association aims to celebrate an invaluable resource on the third Thursday in October. October has become a time to promote and celebrate peaceful conflict resolution practices worldwide. Dedicated dispute resolution practitioners are helping to educate the public about mediation and other innovative conflict management processes. The ABA declared the third week of October, “ABA Mediation Week,” in part building on the efforts of many other national, state, and local organizations, including the Association for Conflict Resolution (ACR) which have been celebrating conflict resolution during the month of October. The ABA and ACR, as well as numerous other organizations, are working to raise awareness of the importance of mediation and conflict resolution.

Failure of jurors to report for duty prevents cases from reaching resolution.

It has become a widespread problem.  The large majority of jurors ignore the summons to appear for jury service in several states, and this has crippled the civil justice system.  Only 1 in 5 jurors report for jury service in one Texas county.  In one Indiana county, 20% of those summoned by the court do not show up for service or even respond to the summons.  In all courthouses, criminal, family, probate and juvenile cases take precedence over civil matters.  Disputes over personal injury, constructive defect, contracts, real estate and similar matters were delayed already and it is getting worse.  Mediation, private arbitration and neutral evaluation are more critical than ever with court resources being stretched even further, and with jurors not meeting their civil duty.  Parties interested in timely resolution of their disputes must consider choosing a neutral who can help the parties avoid the delays implicit to our modern civil justice system.

Mediation ordered by Court to avoid "litigation morass" - WaMu's final hope?

Mediation ordered to avoid "litigation morass". WaMu Reorganization Plan Fails.  U.S. Bankruptcy Judge orders thousands of claimants and stakeholders to pursue mediation. Judge says mediation required before lawsuit can proceed.  Most Northern California Superior Courts now require parties to submit to some form of Alternative Dispute Resolution.  Mediation is often the best ADR option because it provides candid, cost effective discussion and resolution at a fraction of the cost and time inherent in complex litigation.  Some counties (Contra Costa, Solano, Alameda) provide mediators who volunteer the first two hours of mediation, which makes mediation even more attractive.