Monday, December 6, 2010
According to the article, 23 states have enacted some form of mediation for foreclosure cases. The legislation requires lenders to send notice of default to the homeowner and a notice to participate in mediation. The mediation notice must contain the lender's contact information and contact information for a local housing counseling service. The legislation also requires the lender to provide a description of its loss-mitigation programs along with a loss-mitigation application.
In a workplace, you are standing in a field of conflict.
How you handle confrontation in the office may be as important as networking and technical skills.And checkout the slides that accompany the article--they are very good.
Friday, December 3, 2010
- Erica Ariel Fox, a lecturer at Harvard Law School, the Founder of the Global Negotiation Insight Institute, and a Partner of Mobius Executive Leadership;
- Lee Jay Berman, one of the country's top mediators, founder of the American Institute of Mediation and formerly Director of Pepperdine Law School's 'Mediating the Litigated Case'; and
- Richard Barnes, President of C. Richard Barnes and Associates, LLC and former director of the Federal Mediation and Conciliation Service
Monday, December 21, 2009
What do you think? Are courts, attorneys, and financial planners using mediation in estate settlement procedures?
1) Convince entrenched professionals, the lawyers, financial planners and CPA’s, that mediation is not a threat but a positive team option that can help make their job easier and not diminish their billable hours.
2) Continue to work with probate courts to include mediation as a formal court approved option that judges understand and embrace. Presently only a few courts have formal programs like the one New Hampshire is introducing this year on a statewide basis.
3) Continue general marketing to the public by word of mouth, print articles, other media pieces and professional association support.
Bank of America announced last week that it was removing the arbitration provisions from its consumer contracts. MSNBC reports here.
These amendments are subject to court approval.
We've blogged on this issue before with JPMorgan Chase & Co. as well as the National Arbitration Forum altering its practices in light of litigation. In this case, Capital One says that a class action suit naming it as a defendant did not drive the decision to eliminate the mandatory arbitration provision for its consumer contracts.
The AP reports that the class action suit, filed by Berger & Montague, alleges that major banks conspired to require card members to go to arbitration to resolve disputes.
But is this a good move? I'm not taking a position on this, but with current advancements in arbitration (including the company paying for arbitration, and not the consumer), does the argument that arbitration is more expensive (for the consumer) still hold water? Is there empirical evidence that arbitrators rule in favor of the creditors more often than the debtors? I would be interested to know what the empirical evidence suggests.