In 2009, the Nevada Legislature launched a foreclosure mediation program in response to an ongoing housing crisis during which many homeowners across the state unexpectedly found that they owed more than their home was worth. The program requires banks to participate in mediation with struggling homeowners regarding a potential loan modification prior to initiating foreclosure proceedings. During the program’s first year, mediators reportedly prepared over 6,000 cases and assisted almost 2,000...
From the Economist:
MOST of the employees at the Centre for Out-of-Court Divorce in Denver are trained in mediation or social work, but they also pay close attention to interior design. The centre, on the ground floor of a nondescript office block, is decorated with photos of smiling children and stocked with dolls’ houses, stuffed animals and board games. It has three exits in case tensions flare and the separating partners need personal space. They have been used a few times since 2013, when...
BMW AG will dispatch a fleet of autonomous vehicles to U.S. and European cities in this year’s second half, the next step in its partnership with Mobileye NV and Intel Corp. to introduce fully self-driving vehicles by 2021.
The German automaker will put 40 of its 7-Series sedans on the road and train them to drive in urban areas, Klaus Froehlich, BMW’s head of development, said in an interview. The goal is to apply the gathered data toward producing the iNext, which will supplant the 7-Series...
From the Notice and Comment blog: “In A Report to the President-Elect of the United States 2016, the ABA’s Section of Administrative Law and Regulatory Practice calls attention to the opportunity to enhance to the efficiency of, and satisfaction with, the outcomes of agency adjudications by expanding the government’s commitment to using ADR techniques.” For more on this report, and a discussion of the report, see http://yalejreg.com/nc/promoting-the-alternative-to-the-alternative-to-courts-by-renee-m-landers/
If I had drafted this annual summary post on November 7, 2016, it would have looked different. At that point, the year had produced numerous (final or proposed) federal regulations that significantly restricted the use of arbitration with consumers in large industries. In addition, Justice Scalia’s death, along with the prospective election of Secretary Clinton, appeared poised to alter the make-up of the U.S. Supreme Court, which has voted 5-4 in many of the critical arbitration decisions in the last...
Zachary D. Clopton, Assistant Professor of Law at Cornell Law School, has published “Class Actions and Executive Power,” New York University Law Review, Forthcoming; Cornell Legal Studies Research Paper No. 16-44. In his journal article, Professor Clopton discusses potential issues related to federal administrative attempts to regulate arbitration in response to recent Supreme Court jurisprudence on class arbitration waivers.
Here is the abstract:
Decisions about class certification and arbitration...