Foreclosure Mediation More Like Facilitation

As a foreclosure mediator, I've previously written about some of the benefits and limitations of mediation foreclosure.  See  Foreclosure Mediation - Limitations and Concerns and How a Mediator Can Help in Foreclosure - More Thoughts.  Recently, Susan M. Yates and Heather Scheiwe Kulp have written about mediation foreclosure, and note that "foreclosure mediation" often does not look much like "mediation" as we ADR practitioners typically think of it.  I have also noticed this, and frequently discuss it with my foreclosure mediation clients.  

I describe it as more of a "facilitation" process in which I help the homeowner and the right and left hands of the bank speak together about foreclosure and loan modification. 

Administrative Standing in NM

In New Energy Economy, Inc. v. Hon. Linda M. Vanzi, 012-NMSC-005, the Supreme Court answered the question, "What level of participation in an administrative rule-making proceeding gives a participant the right to defend that new rule in an appellate court during a subsequent appeal?"  After very fine and comprehensive analysis, discussed below, the Court holds that  "those who have participated in a legally significant manner in administrative rule making ... have the right to participate as parties to an appeal if they express such an intention."

Dangers of Applying the "Beguilingly Simple" Plain Meaning Rule

Previously, I have written about the New Mexico Medical Malpractice Act (MMA) and it's Review Panel on which I serve.  See NM Medical Review Commission - Overview and  NM Medical Review Commission - Stats.  Because I do serve on the Review Panel, med-mal cases are always of interest to me, obviously.  However, one recent decision also teaches important lessons on statutory construction generally, which is quite relevant to an arbitration practice like mine.  Specifically, Baker  v. Hedstrom M.D., et al., 2012-NMCA-073 (cert granted), teaches us to "exercise caution" in applying the "beguilingly" simplistic "plain meaning rule."