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Mediation $18.15 Mediation |
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Notice of Foreclosure $9.95 Socrates offers a full range of Business forms to help you do more and save. |
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The Mediation Dilemma $45.83 Mediation has become a common technique for terminating violent conflicts both within and between states; while mediation has a strong record in reducing hostilities, it is not without its own problems. In The Mediation Dilemma, Kyle Beardsley highlights its long-term limitations. The result of this oft-superficial approach to peacemaking, immediate and reassuring as it may be, is often a fragile peace. With the intervention of a third-party mediator, warring parties may formally agree to concessions that are insupportable in the long term and soon enough find themselves at odds again. Beardsley examines his argument empirically using two data sets and traces it through several historical cases: Henry Kissinger’s and Jimmy Carter’s initiatives in the Middle East, 1973-1979; Theodore Roosevelt’s 1905 mediation in the Russo-Japanese War; and Carter’s attempt to mediate in the 1994 North Korean nuclear crisis. He also draws upon the lessons of the 1993 Arusha Accords, the 1993 Oslo Accords, Haiti in 1994, the 2002 Ceasefire Agreement in Sri Lanka, and the 2005 Memorandum of Understanding in Aceh. Beardsley concludes that a reliance on mediation risks a greater chance of conflict relapse in the future, whereas the rejection of mediation risks ongoing bloodshed as war continues. The trade-off between mediation’s short-term and long-term effects is stark when the third-party mediator adopts heavy-handed forms of leverage, and, Beardsley finds, multiple mediators and intergovernmental organizations also do relatively poorly in securing long-term peace. He finds that mediation has the greatest opportunity to foster both short-term and long-term peace when a single third party mediates among belligerents that can afford to wait for a self-enforcing arrangement to be reached. |
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Foreclosure Mediation Programs: Can Bankruptcy Courts Limit Homeowner and Investor Losses?: Hearing Before the Committee on the Ju $29.5 Original publisher: Washington: U.S. G.P.O., 2011. LC Number: KF26 .J8 2011a OCLC Number: (OCoLC)750417591 Subject: Foreclosure — United States — Prevention. Excerpt: … 11 United States Bankruptcy Court for the Southern District of New York. Senator Whitehouse briefly summarized my biography. I should note that since I started practicing bankruptcy law in 1984, I dealt exclusively with large corporate bankruptcies and reorganizations, the types of cases for which the Bankruptcy Court for the Southern District of New York is well known. However, like our colleagues around the country, we also preside over thousands of consumer bankruptcy cases, where the fate of the home is of central importance. When confronted in late 2008 with the mortgage foreclosure cri-sis, my colleagues and I saw a set of problems that cried out for a formal mediation structure. And I would like to believe that our experience led us to see the issues as much from the lenders ‘ per-spective as from the homeowners ‘. In fact, it was creditors ‘ law-yers – I want to emphasize that, creditors ‘ lawyers – representing mortgage lenders and servicers who first asked the court to con-sider such a mediation program. The problem was, and is, I think, basic. Increased defaults and the drop in home prices rendered the ‘ ‘ autopilot ‘ ‘ servicing model applied to the vast majority of home mortgage loans inadequate. A model premised on collecting payments in the ordinary course for all but a tiny percentage of mortgages and foreclosing on the few defaulted ones in the context of a rising market all too often simply did not work anymore. In the present market, to maximize their recovery, lenders actually would have to decide between adding to their stock of foreclosed homes or, alternatively, engaging in a workout with their borrower; either course could be preferable in the right circumstances. However, this process simply was not happening with loan after loan after loan. Instead, loan servicers… |
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Foreclosure Bill of Sale (with Encumbrances) $9.95 Socrates offers a full range of Business forms to help you do more and save. |
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