Mortgage Foreclosure Mediation in Florida - Implementation Challenges for an Institutionalized Program

By Sharon Press Sharon Press is Associate Professor and Director of the Dispute Resolution Institute at Hamline University School of Law. At the time the Florida Supreme Court Task Force on Residential Mortgage Foreclosure Cases was created, she was the Director of the Florida Dispute Resolution...

There's No Place Like Home: Applying Dispute Systems Design Theory to Create a Foreclosure Mediation System

By Andrea Kupfer Schneider and Natalie C. Fleury Andrea Kupfer Schneider, Professor of Law, Marquette University Law School. Natalie C. Fleury, Program Coordinator for Dispute Resolution and Adjunct Professor of Law, Marquette University Law School; Supervisor, Milwaukee Foreclosure Mediation...

More Thoughts from the Other Side of the Mediation Table

I have stated on many occasions here at Musings that mediation is a great solution in many, if not most , construction cases. As a construction lawyer , there are very few cases in which I do not at least broach the subject of mediation with my client and likely with opposing counsel. When wearing my...

Arbitrators can decide validity of arbitration provision in construction contracts

By Edward Lozowicki and Robert Sturgeon Binding arbitration of construction disputes is frequently required by standard industry contracts. For example, the contract forms published by the American Institute of Architects either require or provide an option for arbitration under the Construction Industry...

Recent Changes to Real Estate-Related Laws Reflect Continuing Housing Woes

By Andrea Lee Negroni, Esq. and Mary M. Pfaff The continuing downdraft in the housing economy has stimulated adoption of a wide variety of consumer protection provisions in real estate laws and statutory requirements for accountability by lenders, real estate brokers, loan servicers, appraisers and...

State Net Capitol Journal Legislative Updates: Oregon May Expand Foreclosure Mediation Program

BUSINESS: The OREGON House approves SB 558A, a bill that expands the foreclosure mediation program lawmakers created last year to apply to foreclosures pursued by lenders in courts. It moves to Gov. John Kitzhaber (D) for review (PORTLAND OREGONIAN). ENVIRONMENT: The CONNECTICUT Senate approves...

State Net Capitol Journal Legislative Updates: New Foreclosure and Mortgage Relief Laws in Oregon and Florida

GOVERNORS IN BRIEF: FLORIDA Gov. Rick Scott (R) signed SB 1852, legislation that will distribute $200 million to pay for various mortgage relief programs to help Sunshine State residents harmed in the real estate collapse. The money is part of the state's $8.4 billion cut of the $25 billion settlement...

Reminder: Construction Litigation is Expensive, Be Sure It’s Worth It

I know, this title is yet another seemingly obvious statement in a series of them here at Construction Law Musings . I seem to be going from cliche to cliche these days and musing on things from necessary evils to naming the correct parties in a lawsuit . However a recent post from my fellow “blawger”...

Federal Court Refuses To Dismiss Government’s Statutory Claims against Mortgage Originators That Allegedly Defrauded HUD

A federal judge recently rejected motions to dismiss in a suit in which the U.S. government alleged that two mortgage originators and their officers defrauded the Department of Housing and Urban Development (HUD) into insuring risky mortgage loans. In its complaint, the government alleged that the...

Mediator

Construction Law Musings: You Have Choices (Litigation Versus Mediation)

As I sit here thinking about an impending trial in the Goochland County General District Court, it hit me that I also serve as a mediator in that court from time to time. Coincidentally, I will be “wearing both hats” (litigator and mediator) this week on back to back days. It will be interesting...

Construction Contracts, Mediation and Venue

I have preached the mantra of “ read your contracts carefully ” on numerous occasions here at Construction Law Musings. I have also discussed my thoughts on ADR and mandatory mediation . A recent case out of the Eastern District of Virginia mixes these two ideas quite nicely. Dominion...

Resolve to Mediate Your Construction Disputes in 2014

After a quick detour to discuss Kevin Underhill’s great book, we’re back to discuss more “serious” topics. Namely, how to move forward relating to your construction disputes in 2014. As anyone that regularly reads Construction Law Musings knows, I am a Virginia Supreme Court...

Headline: Voluntary Construction Mediation Works

Well, I’m back. After a busy week of meeting with clients, college visits with my daughter and a successful mediation (this time as co-counsel), I am back to what I hope to be a more consistent posting schedule. Luckily for me, my friend Seth Smiley stepped in with a great Guest Post Friday...

Why You Should Consider Mediation for your Construction Dispute (Most of the Time)

As any reader of Construction Law Musings is aware, I am a huge fan of mediation as a way to resolve construction disputes. I am such a fan that a few years ago I took the plunge and got certified as a mediator . Why then did I put the caveat in the title of this post? Given my true belief that mediation...