Northwest Justice Project: Foreclosure Mediation in Washington State

Posted on in Mediation Services Brisbane Qld

Northwest Justice Project: Foreclosure Mediation in Washington State


A basic introduction to Washington’s new mediation process for homeowners facing foreclosure. Current as of December 2011. You can help us make NJP’s videos better! Please let us know what you thought about the video by answering this brief survey:

Welcome to the Northwest Justice Project’s webcast about Foreclosure Mediation in Washington State.

The foreclosure process can be a long and bumpy road… but some people facing foreclosure in Washington now have another path to stay in their home: Mediation.

Your bank or mortgage company now must tell you about your new options before foreclosure. After you miss a few payments, you should receive a written “Notice of Pre-Foreclosure Options.”

You then have thirty days to ask for a meeting with your bank to talk about alternatives to foreclosure. This first meeting is not mediation, but if you and the bank don’t agree on a plan, an attorney or housing counselor can help you take the next step: asking for mediation.

You have to have a referral from an attorney or counselor to get to go to mediation. If you haven’t talked to a housing counselor or attorney about your options, do it right now. He or she can discuss whether you qualify and then send a mediation request form to the state’s Department of Commerce.

Find more information on housing counselors from the Homeownership Resource Center at 1-877-894-HOME. You may also get a referral or qualify for free legal help from the Northwest Justice Project. Call 1-800-606-4819.

After the request is sent, watch your mailbox. You should get some important instructions, and a list of documents you’ll need to bring to the upcoming mediation. Try to hustle and gather the paperwork together. Your attorney or housing counselor can help you. You must send copies of your documents to the bank and mediator at least 10 days before the mediation day.

You and the mortgage company will split the cost of the 0 mediation fee.
To avoid foreclosure, you’ll have to do some more homework. Mediation is your chance to show why you should stay in your home. You’ll get to explain why you fell behind. And you’ll also have to show a detailed financial plan showing how you’ll keep up with payments in the future. Talk to an attorney or housing counselor for help on writing up your proposal.

It’s important to have a realistic proposal; you probably won’t be able to stay in your house If you don’t have enough income to pay even a reduced loan payment.

On the day of your mediation, show up early. Bring all your documents and extra copies. So, who’s going to be in the mediation room? The bank’s attorney will be there… and another person from the bank (probably on a speaker phone). Your attorney or housing counselor might be there, or you can bring a friend or family member for support. And of course you’ll be there.

And then the mediator— the mediator is kind of like a judge. She won’t take sides between you and the bank. But unlike a judge, she can’t order you or the bank to do something. It’s okay to ask the mediator questions about the process or the bank’s documents if you don’t understand.

When the mediation starts, you will have time to show your documents and explain your proposal to pay. Be completely honest if you get asked any questions.

Then someone from the bank will tell the bank’s side of the story. The bank will have math calculations to show how much it would cost the bank to foreclose compared with allowing you to stay but with a reduced loan payment.

If you don’t make a new payment agreement, be prepared to discuss your other options such as a later move-out date or short-sale. You should talk about these options with your housing counselor or attorney before the mediation so you’re ready.

Mediation Services Brisbane Qld

If you and the bank agree on a new plan, make sure you understand exactly what you’ll owe, and when. You can ask the mediator to help put it in writing, and have everybody sign it for proof. Your new payment plan may include a trial period to make sure you can really make the reduced payments. These are the most important payments you will make, because if you miss one, you won’t get a full loan modification and the bank may start foreclosure again.

Stick to the plan, though, and you may be able to stay in your home.

*** *** ***

This video was produced in December 2011. The laws may have changed since that time. This video provides general information only. Your situation may be very different than those shown in this video. This video is not a substitute for talking to a lawyer about your unique situation. It does not create an attorney-client relationship. It cannot predict or guarantee an outcome in any proceedings related to foreclosure mediation.

What Makes For an Effective Mediation in a Personal Injury Case? | Boston Personal Injury Attorneys

Posted on in Sunshine Coast Mediation Specialists

What Makes For an Effective Mediation in a Personal Injury Case? | Boston Personal Injury Attorneys


http://www.feinbergalban.com | Call us (617) 232-5950
Boston personal injury attorney Robert Feinberg answers the question “What Makes For an Effective Mediation in a Personal Injury Case?”

[Top]

SmartPLS: Multigroup moderation and moderated mediation

Posted on in Mediation Services Brisbane Qld

SmartPLS: Multigroup moderation and moderated mediation


In this video I discuss and demonstrate how to do a multigroup moderation and moderated mediation analysis in SmartPLS.

I now have an article published that cites this video.
Paul Benjamin Lowry and James Gaskin (2014). “Partial least squares (PLS)structural equation modeling (SEM) for building and testing behavioral causal theory: When to choose it and how to use it,” IEEE Transactions on Professional Communication (57:2), pp. 123-146.
http://www.kolobkreations.com/PLSIEEETPC2014.pdf

[Top]

Mediation | Arbitration for Real Estate & Land Use – Better Than Bankruptcy

Posted on in Sunshine Coast Mediation Specialists

Mediation | Arbitration for Real Estate & Land Use – Better Than Bankruptcy


http://bertramadr.com

What I’ve learned mediating and arbitrating real estate cases for many years is that disputes involving real property often arouse passions every bit as intense as those seen in divorce and estate litigation. Real estate cases also often involve arcane chain of title issues, boundary locations, land use restrictions and condemnation, trespass,
environmental damage, nuisance, leasing, suits against agents and brokers, etc.

Real property is very important to people, both emotionally and financially. They can be just as heated as a contentious divorce dispute, for example. At the same time as they inspire difficult emotions, they can involve very arcane technical and historical issues that are sometimes very difficult to understand and follow.

Early mediation of real estate disputes and land use disputes is almost always advantageous, as it is in other kinds of cases. A principle reason involves title and the ability to sell or finance real estate. In real estate litigation involving property that is financed, litigation itself often jeopardizes the financing of the property. Litigation makes property impossible to sell because of a cloud on title.

So, in terms of the property owner, early mediation is always a good idea, otherwise, the property owner is paralyzed until the conclusion of the dispute. And that paralysis can take years.

In addition, if the dispute involves land use, the resolution of the dispute can take many years. I was the lawyer a number of years ago in a civil rights land use case that took seven years just to obtain the right to go to a jury trial. And in that time, my client went bankrupt. Most entities would. The passage of time is usually not going to help clarify ownership to property, or what parties can do with it, or what they can’t do with it.

So, this state of paralysis is inimitable to business, and it doesn’t help private property owners either. They can’t dispose of their property, they may not be to use it the way they want. And they live in a world of uncertainty until trial, or until trial and appeal. And the whole prospect can be financially ruinous and emotionally very, very stressful.

Successful mediation and arbitration of real property disputes requires considerable experience and I’m fortunate to have it. Prior to becoming a full time neutral, I served as corporate counsel for Washington State’s then largest commercial real estate developer. In that role, I regularly encountered some or all of the above real estate issues.

Later, I represented the prevailing party in what remains a landmark Washington land use case. Currently, real estate disputes represent a significant portion of my mediation and arbitration work. Recently I’ve successfully mediated flooding and boundary disputes involving private property owners and governmental agencies, a protracted commercial leasing dispute involving a technology manufacturer and its landlord and a condemnation action brought against a commercial property owner by a municipality seeking to widen an important arterial.

My real estate arbitration experience has included but has not been limited to a multi-million dollar breach of contract action by a private developer against a Port district for alleged failure to perform, partnership and/or joint venture disputes involving commercial building owners, alleged breaches of commercial leases involving substantial tenant improvement and other issues under various leases and disputes involving owners of real estate agencies and mortgage companies and escrow agencies.

I’m confident that my real estate mediation and arbitration experience can benefit you or your client if or when you confront a real property dispute.

Bertram Dispute Resolution, Inc.
316 Occidental Avenue South, Suite 500
Seattle, WA 98104
(206) 624-3388

Gregg Bertram Qualifications:

Gregg Bertram has resolved thousands of cases in 22 years as one of the Pacific Northwest’s most recognized mediators and arbitrators.

From 2000 to 2008 Gregg was a principal at JAMS, the nationwide provider of alternative dispute resolution services, and before that was affiliated with Washington Arbitration and Mediation Services, where he earned the “Master Mediator” designation. Prior to full-time ADR practice, Gregg was a practicing attorney.

Gregg is a board member of the Federal Bar Association Alternative Dispute Resolution Section, and is an American Arbitration Association mediator and Arbitrator. He is also an accredited neutral of the World Intellectual Property Organization and International Center of Dispute Resolution.

Gregg is past chair of the ADR committee of the Washington State Bar Association. He has been recognized as a “Super Lawyer”® for ten consecutive years in Washington Law & Politics magazine, and has received repeated recognition in Seattle Magazine peer surveys as a “Top Lawyer.”

[Top]

6. Serial Mediation using Process Macro {Watch in HD Only}

Posted on in Mediation Services Brisbane Qld

6. Serial Mediation using Process Macro  {Watch in HD Only}


This video tries to explain the working on Serial Mediation through Process Macro.

Word file used in video: https://goo.gl/ktX1k7
Datafile used in video: https://goo.gl/w2j4V3

[Top]

What is Mediation in a Personal Injury Case?

Posted on in Sunshine Coast Mediation Specialists

What is Mediation in a Personal Injury Case?


In this video, Little Rock car and truck accident lawyer, Peter Miller, explains what mediation is, and its benefits over taking a personal injury case to trial.

[Top]

Serial Mediation Analysis Part 1

Posted on in Mediation Services Brisbane Qld

Serial Mediation Analysis Part 1


This video is about explaining the concept of the serial mediation model.

[Top]

What Happens During a Mediation?

Posted on in Sunshine Coast Mediation Specialists

What Happens During a Mediation?


Get an inside look into what happens during a legal mediation, starring Felicia Mitchell as the client, Alexis Ciotti as the Mediator, and Val Pleet Wilson as himself.

[Top]

5. Mediation using Process Macro {Watch in HD Only}

Posted on in Mediation Services Brisbane Qld

5. Mediation using Process Macro  {Watch in HD Only}


This video tries to explain working of Mediation using Process Macro.

Datafile used in this video: https://goo.gl/yvGUg3

[Top]

Mediation for Personal Injury and Wrongful Death Results in More Favorable Settlements

Posted on in Sunshine Coast Mediation Specialists

Mediation for Personal Injury and Wrongful Death Results in More Favorable Settlements


http://bertramadr.com

Hi, my name is Gregg Bertram. For well over 20 years I’ve mediated and arbitrated a remarkable variety of personal injury and wrongful death cases. How many? More than 2000. How does our legal system deal with serious injury and death?

If defendants force claimants to jury trials, with rare exceptions , injured parties do not fare well.Fortunately for claimants, mediation and arbitration have evolved as alternatives to trial. The reason? Clogged court calendars and the delay and expense associated with virtually all civil trials. Even insurance companies at times lament the inefficiencies of our civil justice system. As a result in many jurisdictions mediation is mandated prior
to trial. This “requirement”, although at odds with the essential character of mediation, almost always benefits all parties to a personal injury lawsuit. Claimants and defendants are able to privately decide to settle their dispute upon agreed terms and conditions.

What we offer at BDR is an informed, very experienced mediation experience for all parties. We expect the lawyers that we work with to have their clients’ best interest uppermost at all times. At the same time, we bring to the table informed experience, preparation, empathy and a level of experience that is very difficult to match. That said,
because the parties themselves control the mediation process, we cannot guarantee negotiated outcomes. No one can.

Extensive personal experience has shown that mediated settlements almost always exceed trial results measured in economic terms. What can’t be measured, of course, is the personal stress for individuals that is avoided by settling before trial.

Keep in mind that it is defendants that want juries in personal injury cases. Why? Because most plaintiffs are unable to prove their case to a substantial majority of jurors. We can’t guarantee that we can help parties settle every personal injury or other case. However, we do guarantee our best effort. That commitment is absolute. It almost always works.

Mediation allows the parties, I think, especially plaintiffs, to have a say in how their case is resolved. It also has the potential of resolving a case much earlier than trial, and much less expensively.

Personal injury cases, like any other case, have a cost of production, and often, that cost is not recovered at trial.

I’ve been mediating personal injury cases for many, many years. Each year, I have three of four of these cases that go to jury trials. Rarely, does the plaintiff do better with the jury, financially, than the settlement offer that has been made at, or closely following a mediation.

I think there are a couple of things that are perhaps unique to personal injury cases, or many of them. One is the high degree of emotion and focus on the part of the claimant. Many inured parties, for reasons that I don’t completely understand, often empower their injury with a control over the rest of their life that is somewhat disproportionate. This is unfortunate, and it often continues through trial. Unfortunately for these folks, trial isn’t going to fix that. And trial doesn’t give them any control over the outcome at all. So, I think the degree of emotion and focus, for many plaintiffs, continually strikes me as unusual and has a difficult dynamic to deal with.

What I do for these and other mediations, is have pre-mediation phone calls with the lawyers in virtually all cases. I learn a lot from these phone calls. And the calls are usually made separately to plaintiff and defendants lawyers.

I also read the written submissions very carefully. I want to know, in addition, who’s planning to come to the mediation, and has there been a demand made by the plaintiff to the insurance company or self insured corporation or governmental agency involved.

Usually, it’s one of these three parties that’s critical to enabling a financial settlement. And if they’re not prepared and informed, the mediation will go nowhere. If the case doesn’t settle at mediation, and certainly some do not, I continue to work with the parties by telephone or email. Occasionally, we have second, or even more rarely, third mediations.

But more often, the follow up is informal, and usually successful in getting the case resolved.

When you need experienced and well prepared Mediation Assistance, give us a call, and let’s dicuss your particular case.

Bertram Dispute Resolution, Inc.
316 Occidental Avenue South, Suite 500
Seattle, WA 98104
(206) 624-3388

[Top]

Mediation & Moderation

Posted on in Mediation Services Brisbane Qld

Mediation & Moderation

[Top]