RSI Survey

RSI Resource Center and Publications Survey

RSI invites all Court ADR Connection subscribers to participate in the Resource Center and Publications Survey this month. The survey covers RSI’s two court ADR newsletters, Court ADR Connection and Analyzing the Alternatives, and the Court ADR Resource Center, at CourtADR.org. Subscribers will be asked to provide feedback only on the resources they use. Most people should be able to complete the survey in just a few minutes.

RSI will use the feedback and suggestions to enhance services for the court ADR community. For answers to any questions about the survey, please contact RSI at info@aboutrsi.org.

Click here to access the survey. Everyone’s participation is appreciated.

Court ADR News

California Appellate Court Holds Good Faith Not Required at Settlement Conferences

A California Appellate Court overturned sanctions imposed by a trial judge against a defendant’s insurance company in a personal injury case. The Los Angeles County Superior Court judge had imposed sanctions against the insurance company, arguing that their representative had not participated in good faith at a settlement conference for the case. The appellate court ruled that, while parties to a settlement conference are required to submit good faith settlement offers prior to the conference, there is no rule or statute requiring them to participate in good faith at the conference. Furthermore, the court also held that existing court rules only allow for sanctions against parties and their counsel, and not insurance representatives.

To read the full opinion of the case, Vidrio v. Hernandez, click here.

Nevada Chief Justice Reveals Plans for State Foreclosure Mediation Program

Speaking at a legislative committee hearing on proposed legislation to establish a statewide foreclosure mediation program, the Nevada Chief Justice said the program could begin in August, and that over 300 lawyers had already signed up to serve as volunteer mediators. According to the Las Vegas Review-Journal, Chief Justice Jim Hardesty said these volunteers could be trained during June and July. He said borrowers would be required to pay a $50 filing fee to request a mediation hearing, and borrowers and lenders would share the $340 fee for mediation. He expects as many as 3,000 cases to be mediated each month.

For the Las Vegas Review-Journal article, click here. For more information about the Nevada foreclosure mediation bill, click here.

Research You Might Have Missed

On CourtADR.org

New: Foreclosure Mediation Special Topics Page

In response to the growing use of mediation to address the nationwide foreclosure crisis, RSI has developed a new resource guide to assist those involved in creating these new programs. The Foreclosure Mediation Special Topics Page reviews the main questions courts consider when developing programs for foreclosure cases, such as which stakeholders should be involved in the process, how cases should be referred to mediation, and how to educate homeowners facing foreclosure about the program and their options. The resource guide also identifies some of the best resources available on foreclosure mediation and provides information about existing state programs.