Foreclosure Mediation Section


Foreclosure Mediation Articles


Elise Groulx

Mediation in the Field of Business and Human Rights

(7/08/21)Elise Groulx

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).

Kenneth Cloke

Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice

(6/16/21)Kenneth Cloke

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.

David Brown

A Mediator’s Guide to Claims Reserves in the Insurance Industry

(6/04/21)David Brown

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.

Nicole Wilmet

In the Wake of COVID-19, Hawaii Legislature Passes Bill Requiring Mediation Before Eviction

(6/01/21)Nicole Wilmet

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.

Kenneth Cloke

20 Ways to Improve UNFCCC Meetings and Climate Change Negotiations

(4/02/21)Kenneth Cloke

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.

Sarah Ater

Conflict in the Mediator’s Backyard

(3/08/19)Sarah Ater

The article is drawn from my experience as a mediator living in a community with other residents.

Jennifer Shack

Findings from an Evaluation of Eight Foreclosure Mediation Programs

(12/07/18)Jennifer Shack

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.

Eric Slepak

Saving Homes, Building Understanding

(11/30/18)Eric Slepak

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

(7/06/18)Sarah Flores

I have fallen in love with mediation in this position. I enjoy the satisfaction of making people feel heard and working through issues.

Sam Imperati

Ironically, Bush and Folger are Evaluative

(11/21/16)Sam Imperati

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."

Jennifer Shack

Getting the Story Right with Data to Make the Right Decisions

(11/04/16)Jennifer Shack

For foreclosure mediation programs, the data can tell the story of how homeowners are affected by changes to the program.

Hannah Kaufman

“Dynamic Triage” in RSI’s Foreclosure Mediation Program in Rockford, Illinois

(4/01/16)Hannah Kaufman

It is the sense of procedural justice where mediation’s value lies for homeowners who ultimately end up moving out of their homes.

Jennifer Shack

Access to Justice and ADR: What Is Needed for Parties to Experience Justice

(12/04/15)Jennifer Shack

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.

Stacy Roberts

Getting on the Same Page Regarding Mediation in the Future

(4/20/15)Stacy Roberts

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.

Shawn Davis

Connecticut Evaluates Mortgage Foreclosure Mediation Program

(3/13/15)Shawn Davis

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.

Shawn Davis

Mediation Program Outreach: Reflecting on What Works

(2/20/15)Shawn Davis

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.

Mary Novak

Court ADR Trends for 2015

(2/17/15)Mary Novak

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.

Jennifer Shack

What Happens to Temporary Loan Modifications Reached in Foreclosure Mediation?

(2/06/15)Jennifer Shack

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.

Keith Seat

Update on Home Foreclosure Mediation - November 2014

(11/08/14)Keith Seat

This is another in a series of updates on home foreclosure mediation in the United States by Mediate.com News Editor, Keith Seat.

Keith Seat

Update on Home Foreclosure Mediation - September 2014

(9/01/14)Keith Seat

This is another in a series up updates on the development of home foreclosure mediation in the United States by Mediate.com News Editor, Keith Seat.

Shawn Davis

Authorities Crack Down on Foreclosure Rescue Scams with “Operation Mis-Modification”

(8/01/14)Shawn Davis

Recently, the foreclosure mediation team at RSI has been thinking a lot about foreclosure scams and mortgage modification fraud. Now that we’ve launched foreclosure mediation programs in Lake, Kane and Winnebago Counties here in Illinois, we’ve been focusing on how to provide quality housing counseling and mediation services and get the word out to the public that these services exist.

Keith Seat

Update on Home Foreclosure Mediation

(5/12/14)Keith Seat

This is another in a series of articles by Mediate.com News Editor, Keith Seat, updating readers on the development of foreclosure mediation in the United States.

Laura Pearlman

State of Maine 2014 Report on Foreclosure Mediation Program

(5/04/14)Laura Pearlman

In 2009 the Maine Legislature established the Foreclosure Diversion Program (“FDP”) in the Maine Judicial Branch. It affords a valuable opportunity for homeowners and lenders to consider mutually beneficial alternatives to foreclosure. The FDP continues to see a high level of activity. In 2013, the FDP conducted 2,518 mediation sessions in 1,697 foreclosure cases. A total of 4,756 foreclosure cases were filed in Maine in 2013, an increase from the 4,339 cases filed in 2012.

Jennifer Shack

Yes, It Can Be Done: Ten Mediation Program Models, One Online System

(3/30/14)Jennifer Shack

When Resolution Systems Institute received a grant from the Illinois Attorney General to develop foreclosure mediation programs across the state, it was our opportunity to practice what we preach. From RSI’s inception, we’ve been telling courts that they need to monitor and evaluate their mediation programs to ensure that they’re providing quality services to those who come to them to resolve disputes. We’ve also been urging them to incorporate the development of a monitoring and evaluation system into their program design process.

Keith Seat

Update on Home Foreclosure Mediation

(3/26/14)Keith Seat

This is another in a series on the development of foreclosure mediation in the United States by Mediate.com News Editor, Keith Seat. Please also be sure to see www.mediate.com/Foreclosure.

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