Revisiting Mediation Styles and Their Correlation to Results

Over a year ago, I reviewed an article in the ACR Conflict Resolution Quarterly, Fall- Vol 28, No. 1, by James A. Wall, Jr. and Suzanne Chan-Serafin, asking “Do Mediators Walk Their Talk in Civil Cases?”  Wall and Chan-Serafin, along with Timothy Dunne have now revisited the issue of mediator strategies (what I call "styles") to analyze the relative consistency and success rates of different mediation styles, as well as the settlement rates in particular types of cases.  Again, their data reveals some surprising and not so surprising trends. 

More Inconsistent NM Arbitration Law

As an arbitrator, I get frustrated by and critical of New Mexico case law from time to time.  Well, I guess it shows.  See Arbitration in NM not in Line with US Supreme Court Decisions, NM Arbitration--State Supreme Court Bucks National Trends; but see Arbitration Clauses in NM--Agreement at the Extreme End.  

As I've written elsewhere, and repeatedly, in Rent-a-Center, West, Inc. v. Jackson, 130 S.Ct. 2772 (2010), the U.S Supreme Court has

The Context and Framework of Conflict Coaching

As I have written previously, the alternative dispute resolution (ADR) field is a broad one, which includes among other things, mediation and conflict coaching.  While I have mediated for a number of years, I am new to the conflict coaching field and continue to

UNM Family Law Mediation Take Aways 2012

Last month I attended 40 hours of very excellent Family Law Mediation Training conducted by Judge Nan Nash, David Levin, and Laura Bassein, for the University of New Mexico.  Although I have been mediating for a number of years, including mediating family law matters for the past two years, I benefited greatly from the training.  In particularly, I was struck by the old adage that "you don't know what you don't know," and the notion that we as mediators need ongoing and comprehensive training, with its attendant role plays, to stay sharp and continue to grow as mediators.  

In that spirit I would like to share some "take aways" for my clients and other practitioners.

NM Arbitration--State Supreme Court Bucks National Trends

In July I wrote about a NM Court of Appeals case dealing with the enforceability of an arbitration clause, Felts v. CLK Management, 2011-NMCA-062, cert. granted.  I suggested the decision was not consistent with then-emergent SCOTUS precedent, or the subsequently issued AT&T Mobility LLC v. Concepcion, No. 09-893 (Apr. 27, 2011), because of its quickness to accord itself—rather than the arbitrator—the right to determine the arbitrability question.

 

Those employed or regularly engaged in the arbitration field know that this is no light question.  As I wrote in the earlier blog, “if an agreement to arbitrate includes

Arbitration Clauses in NM--Agreement at the Extreme End

Last July, I blogged that arbitration in New Mexico was likely not in line with US Supreme Court decisions because the N.M. Court of Appeals was too quick to review and declare unenforceable certain arbitration clauses.  See Felts v. CLK Management, 2011-NMCA-062.  In my next blog post, I'll discuss similar problems in a state Supreme Court decision issued since Felts.

However, in September (yes, I know, business is good these days and I am woefully behind in my blogging!), the Court of Appeals at least has redeemed itself slightly

Judges Demand Adherence to Foreclosure Mediation Programs

As I've written before, I currently serve on foreclosure mediation panels in several judicial districts in New Mexico, and participate regularly in the Multi-State Foreclosure Prevention and Mediation Group listserve/discussions group (Listserve).

Through these discussions, I've learned that today many, many other states or jurisdictions have also organized foreclosure mediation programs in response to the foreclosure crisis.  See RSI Foreclosure Mediation and Mitigation Program Models, http://courtadr.org/file/ForeclosureMediationProgramModels_May2011.pdf (accessed Dec. 29, 2011).  Although some such programs have struggled or even been discontinued, such as in Florida, elsewhere the judges are quite committed to enforcing the letter and spirit of their foreclosure mediation orders.