Heather Scheiwe Kulp

Heather Scheiwe Kulp

Heather Scheiwe Kulp is a lecturer on Law at Harvard Law School and a Clinical Instructor at the Harvard Negotiation & Mediation Clinical Program.

Prior to joining Harvard Law, Heather was a Skadden Fellow at Resolution Systems Institute/Center for Conflict Resolution in Chicago. While there, she designed court- and government-based conflict management systems for self-represented and low-income parties. She focused on foreclosure dispute resolution programs, but also conducted research and systems design in the areas of elder, child custody, and small claims mediation. Her conflict management consulting clients have included Physicians Computer Company, the State of Hawaii, the Uniform Law Commission, and the Utah Bar Association. Her work is published in scholarly and popular press, including the American Bar Association, the Los Angeles Times, the Pepperdine Dispute Resolution Law Journal, and Wipf & Stock.

Contact Heather Scheiwe Kulp

Website: http://blog.aboutrsi.org/

Articles and Video:

Conversation with Heather Kulp About ADR Careers (01/22/16)
Readers will recall that Michael Moffitt posted a series of posts by Heather Kulp about giving advice to students about developing ADR careers and that I wrote a response to Heather to start a conversation.

Fallacies Underlying Common ADR Career Advice Given to Young Professionals (10/30/15)
This is the second in a five-part series on advice to law students and young professionals interested in ADR as a career. The series is intended to examine the fallacies our students often hear, and to give us tools for both combating the fallacies and responding with more positive advice.

Increasing Referrals to Small Claims Mediation Programs (05/03/13)
My favorite part of new mediator training is watching the attendees discover the potential value of mediation. They nod knowingly when they realize how brainstorming creative options based on parties’ real interests may change the dynamic of winner-takes-all, money-is-everything court battles.

The Silent Space: Mediation Confidentiality, the Right to Privacy, and the Mediator’s Role (07/30/12)
In her recent article in The Ohio State Journal on Dispute Resolution (and in previous articles here and a workshop here), Susan Oberman discusses the tension between mediation’s promotion of confidentiality and the constitutional right to privacy. While the article examines extensively the history of privacy, confidentiality, and constitutional/state law, I want to point mediators and court mediation program administrators to an issue of particular relevance for their practice.

Speak Justly: Mediators and the Plain Language Movement (08/29/11)
Mediators can serve as translators, even if parties speak the same language. Mediators can use skills like reframing, summarizing and reflecting back to ensure parties are describing their stories in ways the other parties can hear and ultimately understand.

A Foreclosure Mediation Hybrid in Hawaii (05/16/11)

Foreclosure Mediation Comes to Bankruptcy Court? (04/11/11)
The end of March marked the end of two madnesses: Connecticut’s journey to the championship and a foreclosure mitigation bill’s journey through the Senate Judiciary Committee. But the journey is over in only one court.

Youth Diversion Programs Receive National Support (02/21/11)
At the American Bar Association’s Mid-Year meeting, the delegates adopted Resolution 107B, which urges governments to support the creation of programs that divert alleged juvenile offenders into alternative dispute resolution systems. These systems, including peer courts, victim-offender mediation, restorative justice conferences, truancy mediation, and community mentoring/service, not only work to keep youth out of jails, but can also prevent juvenile records, which impact future educational and employment opportunities, from developing.

Foreclosure Mediation Goes To Washington: U.S. Senate Committee On The Judiciary Hears Testimony On Foreclosure Mediation (02/07/11)
In the face of a tremendous snow storm, another storm received air time this morning. The housing crisis has resulted 1.2 million foreclosed homes, with promise of a million more during 2011, the anticipated peak year. So far, 27 states or localities have created some form of foreclosure mediation program to deal with the storm, with Washington State close behind.

Court Mediation Prompts Pre-Filing Foreclosure Mediation Program (01/10/11)
Three years after the first foreclosure mediation program launched in Ohio, more jurisdictions are reporting their program statistics. Resolution Systems Institute has long advocated that courts should monitor and evaluate their own programs. Monitoring and evaluations provide a tool for identifying how to improve programs for parties, lawyers, and courts.

VP Joe Biden: Honoring A Solemn Duty To Provide Access To Justice By Supporting Foreclosure Mediation (11/22/10)
On Friday, United States Vice President Joe Biden announced fresh support for foreclosure mediation programs. The official plan flows from recent work of the Department of Justice’s Access to Justice Initiative, which focuses on increasing lower and middle class citizens’ ability to understand and effectively employ the law to protect their rights.

Our Myths About Poverty Stymie Action (11/08/10)
Mediation programs can certainly give those in poverty a chance to access justice in the midst of conflict. Especially in suburbs struggling to deal with the increasing number of residents in poverty, mediation programs can relieve some of the overburdened caseload at legal services agencies and fill in a small part of the 21.7% cut in services these agencies experienced in the last year. Suburban mediation programs, like their urban counterparts, need to keep low-income disputants in mind, even if and especially when those mediation programs are in traditionally high-income areas.

Interstate Recognition Of Notarizations Act And Foreclosure Mediation (10/18/10)
The recent debacle over H.R. 3808, the Interstate Recognition of Notarizations Act (IRNA), should raise major questions for the foreclosure mediation community. The bill posed questions not only about the role of documents and authentication within the mediation context, but some questioned whether the mediation programs should continue at all, as banks around the country halted foreclosures.