How a Mediator Can Help in Foreclosure - More Thoughts

I've written in a previous blog about the role and utility of mediation in foreclosure matters.  Here are a couple of additional tips and pointers raised by participants in a discussion group devoted to foreclosure mediation.

In the group, like in my prior blog post, we discuss the effectiveness and value of mediation at all.  One practitioner weighed in with the view that even though such "mediation" is really more like facilitation of the loan modification, short sale etc. process, real value can still be provided to the parties.

What are the Essential Qualities of a Good Mediator?

As a professional mediator in Albuquerque, I like others always strive for personal excellence, and continued professional development.  This blog discusses the essential qualities of a good mediator, as identified in the Model Standards and by practitioners.

Efficient Use of Judicial Resources During the Financial Crisis

"Courts are available to all potential litigants in almost the same way the common is available to all farmers. Just as the villagers must be able to afford livestock before using the common, American litigants must be able to afford a lawyer before they can go to court.  Once, however, this precondition is met, litigants take as much of a court's goods and services as they want when their turn comes up.  In most places, of course, their turn doesn't come up often because of the length of this queue."

                  -- Richard Neely, Why Courts Don't Work, 172 (McGraw-Hill 1982).

On this cheery note, "10 experts" in the June 2011 issue of the ABA Journal submit their ideas on how  to "sustain justice," and "tell how courts can do more with less."  The unified theme running between these and many other popular articles today is the recognition that the financial crisis is not a passing one but instead represents a "new normal," like I have written elsewhere.  As such, it is imperative that courts, like everyone else, adapt to these new conditions.  The authors discussed here pose some great suggestions, while acknowledging the financial crisis is not unique to the courts but is one which  every person and institution are subject today.

Mediating Neighborhood Disputes

Neighborhood and property associations are places ripe for internal and external strife, in light of their sheer numbers; the frequent comprehensiveness of their rules and regulations; the intensely personal nature of hearth and hope.  At the same time, neighborhood disputes do not lend themselves to litigation, for the many of the same reasons.  Accordingly, this blog post discusses why neighborhood and property associations should strongly consider mediation to resolve their various internal and external disputes.

Warner v. Calvert & NM Mediation Procedures Act

The New Mexico Court of Appeals has recently issued the first reported decision applying the New Mexico Mediation Procedures Act,  NMSA §§ 44-7B-1 et seq.*  Warner v. Calvert, et al., 2011-NMCA-028, cert. not applied for.  The Court concluded that a non-party participant to a mediation could be admitted as an expert in a subsequent trail, after mediation fell through, although the non-party participant's valuation report could not be admitted .

The Modern Method of Overturning Precedent

In the May 2011 issue of the ABA Journal, Richard Brust comments on the U.S. Supreme Court's emergent "stealth" method of overturning precedent.

2011 a Big Year in NM for ALJs and Hearing Examiners

2011 is shaping up to be quite a year in New Mexico for Administrative Law Judges and Hearing Officials.  The National Association of Administrative Law Judiciary (NAALJ) is having their Annual Conference in Santa Fe from September 18-21, 2011, at the beautiful La Fonda Hotel.  See http://www.naalj.org/conferences. Then, the National Association of Hearing Officials (NAHO) is holding its annual Professional Development Conference in Santa Fe from November 13-16, 2011, also at the La Fonda Hotel.  See http://www.naho.org/.