July 29, 2008
Illinois County Arbitration Program Has Successful First Year - One year after the Madison County, Illinois, Circuit Court began its mandatory arbitration program, court administrators there have deemed it a success. All civil cases for monetary claims of $10,000 to $50,000 are automatically sent to arbitration. According to an article in the Belleville News-Democrat, 741 cases were filed with the program last year, and only 10% remain open. The program enjoys a 26% award rejection rate, as compared to the state average of 54%. Less than 2% of cases went to trial. Associate Judge Ralph Mendelsohn, who supervises the program, said it has helped take pressure off the court system.
To read the article from the Belleville News-Democrat, click here. To learn more about the Madison County program, visit the Court ADR Resource Center Illinois Court ADR Sourcebook.
July 28, 2008
California Supreme Court Overrules Estoppel Exception to Mediation Confidentiality - The California Supreme Court overturned a ruling by the Court of Appeal that a defendant was estopped from asserting mediation confidentiality during trial because she had presented evidence from mediation in pretrial motions. In its July 21 opinion, the Supreme Court found that the legislature meant for mediation confidentiality to apply according to specific statutory rules. The state's confidentiality statute requires both parties in mediation to sign a written statement in order to waive confidentiality. Thus, a party's actions during court proceedings cannot be taken to imply a waiver of confidentiality.
To read the full opinion for the case, Simmons v. Ghaderi, click here.
July 24, 2008
New Hampshire Statute Establishes Business Court Docket with ADR Option - A New Hampshire statute establishing a commercial and business dispute docket in the superior court was signed into law on July 11. The docket, which has jurisdiction over disputes involving corporations and other business entities, was created to resolve such disputes faster and to increase the efficiency of the court system. The statute gives the court the authority to refer cases to alternative dispute resolution. The New Hampshire court system also allows for ADR referrals in domestic relations, probate and small claims cases.
For the full version of the statute, click here. To read a press release about the new court docket from the New Hampshire Governor's Office, click here.
July 16, 2008
North Dakota Courts Launch Family Mediation Pilot Programs - Two judicial districts in North Dakota established family mediation pilot programs in early March. Cases involving child custody and visitation disputes are eligible for mediation, and mediations are conducted by court-approved mediators. The North Dakota Supreme Court approved the programs in the South Central Judicial District and Northeast Central Judicial District on March 1. The court will monitor the programs and determine whether they should be expanded to other judicial districts in 2009.
For the administrative order and protocol establishing the pilot programs, click here.
July 15, 2008
California County Court Expands Small Claims Mediation Program - The Santa Cruz County Superior Court expanded its small claims mediation program to a second courthouse location at the end of June. All small claims cases valued below $7,500 are eligible for mediation. Volunteers from the Conflict Resolution Center, a local mediation services provider, conduct the mediation sessions, which are offered in either English or Spanish.
For more information about the program, visit the Santa Cruz County Superior Court web site. To read an article about the program from the Register-Pajaronian, click here.
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.
