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Kupfer Schneider and Natalie C. Fleury
Kupfer Schneider, Professor of Law, Marquette University Law School.
C. Fleury, Program Coordinator for Dispute Resolution and Adjunct Professor of
Law, Marquette University Law School; Supervisor, Milwaukee Foreclosure
from CONFLICT RESOLUTION AND THE ECONOMIC
CRISIS: There's No Place Like Home: Applying Dispute Systems Design Theory to
Create a Foreclosure Mediation System, 11 Nev. L.J. 368 (Spring 2011)
In partnership with the City of Milwaukee, Marquette
University Law School designed and now operates a voluntary mediation program
to deal with the foreclosure crisis. The creation of the Marquette Foreclosure
Mediation Program (MFMP) is a case study in dispute system design. Because MFMP
is unlike other foreclosure mediation programs - in that it is was designed in
conjunction with and is now operated by a law school - the design structure and
results analysis are unique and can provide important insights for foreclosure
programs around the country.
This Article uses a dispute system design (DSD) framework
to analyze the MFMP. After providing a brief history of the foreclosure crisis
in Milwaukee, and the process design of MFMP, the Article then utilizes DSD to
analyze MFMP on several different factors. The Article examines participation
in the design, the suitability of mediation for this crisis, results thus far,
and lessons in permeability and sustainability. Finally, we draw lessons for
other designers - dispute system professionals, courts, and legislatures - in
how to effectively manage this type of program.
I. The Foreclosure Crisis in Milwaukee and the City's
A. The Crisis
By 2008, the effect of the foreclosure crisis on
neighborhoods was also becoming glaringly apparent in the city, and leaders
were increasingly concerned that the vacant homes would become magnets for
crime, contribute to blight in neighborhoods, and drain the city's resources. 1
Board-ups of vacant homes had increased by 50 percent from 2005, and ...
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