June 25, 2008
Connecticut Establishes Statewide Mortgage Foreclosure Mediation Program - A new Connecticut state law requires administrators in each district court to establish foreclosure mediation programs by July 1. Actions to foreclose mortgages on residential properties may be sent to mediation at the request of the borrower, who must be notified by the lender of the option to mediate. Mediations will be conducted by trained court staff members. Mediators will be required to report to the court on which issues were or were not settled at the close of mediation. Under the law, the mediation programs will only run for two years, not accepting new cases after July 1, 2010.
To read the full version of the new law, codified as Sections 16-20 of Public Act 08-176, click here.
June 13, 2008
Philadelphia Launches Mortgage Foreclosure Conciliation Pilot Program - Courts in Philadelphia County, Pa., launched a mortgage foreclosure conciliation pilot program this month to help manage the growing number of foreclosures in the area. The Residential Mortgage Foreclosure Diversion Pilot Program requires homeowners and lenders to attend "conciliation conferences" prior to foreclosure, where they will work with case managers to identify other possible courses of action. The county has delayed all sheriff sales of foreclosed properties until July in order to give more homeowners and lenders the opportunity to participate in the program. The pilot program was established as part of a larger initiative being spearheaded by Philadelphia Mayor Michael A. Nutter to respond to the foreclosure crisis in the city.
To read the Philadelphia County Court of Common Pleas' regulation establishing the program, click here.
June 10, 2008
DOJ Study Identifies Benefits of Federal ADR Programs - A recent study on the use of alternative dispute resolution processes by the federal courts identified several benefits of ADR as compared to litigation. The report, "Dispute Resolution and the Vanishing Trial: Comparing Federal Government Litigation and ADR Outcomes," written by Lisa Bingham, et al, involved an analysis of more than 15,000 civil cases filed with federal courts between 1995 and 1998. The authors found that 65% of cases referred to ADR settled, compared to 29% of cases that settled when ADR was not used. Cases referred to ADR were also found to be more likely to settle when the referral was voluntary, rather than mandated by the court. Assistant United States Attorneys also estimated significant cost and time savings for cases that went through ADR.
Download the full report at the Social Science Research Network web site.
June 3, 2008
Alabama Enacts Testimonial Immunity Act for Mediators - A new Alabama statute protects mediators from being compelled to disclose information gained during mediation. The immunity applies in "any adversary proceeding or judicial forum," and covers all written documents, oral statements and actions taken by any party during the mediation process. The act’s definition of a mediator includes "any co-mediators, employees, agents, or independent contractors of the mediator or co-mediator, and any person attending or observing the mediation for purposes of training." The act was signed into law by the governor on May 16 and went into effect immediately.
For the full text of the act, visit the Alabama Legislative Information System Online web site.
June 2, 2008
Colorado Authorizes Use of Restorative Justice Programs for Juvenile Offenders - The Colorado state government recently enacted legislation specifically authorizing the use of restorative justice in the court system's juvenile diversion program. Judges are now allowed to offer juvenile offenders the option of voluntarily participating in restorative justice programs, such as victim-offender mediation. The bill, which received strong support in both the House and the Senate, was signed into law on March 31.
For more information about the bill, visit the Colorado state web site. To read the full text of the bill, click here.
June 2, 2008
Ohio County Court, University Launch Juvenile Court Victim-Offender Mediation Program - Court administrators in Putnam County, Ohio, have partnered with students and faculty at Bluffton University to establish a voluntary victim-offender mediation program for juvenile offenders. Cases are referred by judges and mediated by Bluffton students, faculty or community members, who are trained through the mediation program at Bluffton. The program, which began in April, brings juvenile offenders and victims together in an attempt to reach a settlement outside of the traditional court process. According to an article in the Toledo Blade, court administrators said the program was designed to decrease court costs and reduce the number of repeat juvenile offenders in the system.
For more information about the program, visit the Bluffton University web site. To read the article about the program from the Toledo Blade, click here.
May 30, 2008
Kentucky Court Adopts Criminal Mediation Pilot Program - The Clay County Circuit Court in eastern Kentucky established a criminal mediation pilot program in late March. Under the program, retired judges mediate felony cases before trial. Judges involved with the new initiative say that it saves time and money for the court. They also say the program allows victims and defendants to play a larger role in the proceedings, leaving them more satisfied with the end result. However, according to the Kentucky Post some critics argue that the program is an unnecessary addition to the criminal process. Some prosecutors also expressed concern about the program's confidentiality requirements, which would prohibit potentially incriminating information revealed in mediation from being used in subsequent trial proceedings. Criminal mediation was first adopted in Kentucky by Boone County in 2005, and Clay is the third county to institute it since then.
For more information about the Clay County program, visit the Kentucky government web site. To read the article about the program from the Kentucky Post, click here.
