Foreclosure Mediation Section
Foreclosure Mediation Articles
Lessons Learned from the Implementation of a Video Eviction Mediation Program in Uncertain Times
This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation.
Why are You and Your Sibling Fighting Over Your Parent's House?
Your sibling is arguing with you everywhere you turn, demanding things be done a certain way, the way she/he wants. Sound familiar?
Mediation and Insolvency, with a focus on developing countries
Contemporary international institutions focused ADRs on commercial disputes for decades, only in the last ten years mediation in insolvency cases.
Survey Data Indicates Eviction Mediation Program Offers Procedural Justice
This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation. The AAA-ICDR’s grant is enabling RSI to expand our outreach to court ADR colleagues working in the fast-evolving eviction field, and we are tremendously grateful to the Foundation for their support.
Eviction Mediation Q&A w/ Christina Wright
This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation.
Eviction Mediation Updates, December 2021
As the state of eviction mediation continues to evolve, we wanted to share some notable developments from across the country.
Mediation in the Field of Business and Human Rights
Mediation in the field of business and human rights to help resolve a conflict between stakeholders/workers upstream a global supply chain and corporate actors in South East Asia with the full participation of civil society (NGOs national and international).
Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice
As a society, we have not resolved many enduring disputes, or convinced each other, or even discussed them intelligently, but ended up instead screaming at one another, clashing violently, and being prepared to manipulate, and even jettison the entire democratic process if it doesn’t back the candidates and policies we support.
A Mediator’s Guide to Claims Reserves in the Insurance Industry
Mediators may encounter a reluctance to settle by one or both parties during the course of a mediation session, but understanding the underlying realities of each party’s position may help break logjams.
In the Wake of COVID-19, Hawaii Legislature Passes Bill Requiring Mediation Before Eviction
In April 2021, the Hawaii legislature passed legislation to amend the state’s landlord-tenant code in the wake of COVID-19 and encouraged use of ADR.
20 Ways to Improve UNFCCC Meetings and Climate Change Negotiations
In preparation for the next international meeting on climate change in Glasgow in November 2021, it is important to begin thinking together, not only about outcomes, but ways of improving the process of meeting, discussing, and negotiating agreements on climate change.
Conflict in the Mediator’s Backyard
The article is drawn from my experience as a mediator living in a community with other residents.
Findings from an Evaluation of Eight Foreclosure Mediation Programs
One great benefit of evaluating eight programs with different approaches to resolving the same cases is that it allowed me to uncover program design factors and other variables that promote program success.
Saving Homes, Building Understanding
This new evaluation looks at four-plus years of data across eight different programs to provide a comprehensive analysis of foreclosure mediation in Illinois, and to highlight how differences in program models impacted outcomes.
Retentions and Reflections
I have fallen in love with mediation in this position. I enjoy the satisfaction of making people feel heard and working through issues.
Ironically, Bush and Folger are Evaluative
There is room in our field for a broad spectrum of mediation approaches. We should celebrate innovation and a greater diversity, rather than disparage the methods of others. This article rebuts Bush and Folger’s article: "Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination."
Getting the Story Right with Data to Make the Right Decisions
For foreclosure mediation programs, the data can tell the story of how homeowners are affected by changes to the program.
“Dynamic Triage” in RSI’s Foreclosure Mediation Program in Rockford, Illinois
It is the sense of procedural justice where mediation’s value lies for homeowners who ultimately end up moving out of their homes.
Access to Justice and ADR: What Is Needed for Parties to Experience Justice
It is very important to provide information to parties in mediation so that they can be fully informed about their rights and what they are agreeing to. But there are better ways of doing this than to change the role of the mediator.
Getting on the Same Page Regarding Mediation in the Future
I agree with many other colleagues that going forward there should be a focus on public awareness, the training and licensing of mediators, but also, and maybe most importantly, the training of attorneys who will be using mediation. I say this because mediation is used when there is a dispute, so we know that litigation and mediation will almost always go hand in hand, and will therefore, almost always involve attorneys. So bear with me as I discuss the rationale for this thought process on the future of mediation and two recent observations that have led me to this conclusion.
Connecticut Evaluates Mortgage Foreclosure Mediation Program
In October 2014, the Connecticut Judicial Branch released an evaluation of its Mortgage Foreclosure Mediation Program. The Connecticut study evaluates six years of foreclosure mediation program data, dating from the program’s inception in 2008. As RSI prepares the first evaluation of Illinois’ six foreclosure mediation incubation programs, the earliest of which began accepting cases in December 2013, it’s interesting to review Connecticut’s data and how the program has evolved over time.
Mediation Program Outreach: Reflecting on What Works
RSI started running three foreclosure mediation programs in 2014, which means we’ve spent a lot of time over the last year thinking about how to make mediation services more accessible and increase program usage rates. Such issues can be a challenge and often require creativity, especially with limited resources. Here’s what we’ve learned.
Court ADR Trends for 2015
Last year perhaps the most visible trend in court ADR was the courts’ use of mediation to address truly large-scale crises. From the mediators who helped opposing groups reach the Grand Bargain that led Detroit out of bankruptcy, to the mediations being used to address thousands of insurance claims that remain from Hurricane Sandy, courts essentially created ad-hoc ADR programs to respond to major crises.
What Happens to Temporary Loan Modifications Reached in Foreclosure Mediation?
A lot of the cases that go through RSI’s foreclosure mediation programs end with a temporary loan modification – a trial payment plan in which the homeowner pays a new mortgage amount for a few months. If the homeowner makes the payments on time and in full during the trial period, the homeowner and bank agree to make the modification permanent.
Update on Home Foreclosure Mediation - November 2014
This is another in a series of updates on home foreclosure mediation in the United States by Mediate.com News Editor, Keith Seat.