School Disciplinary Hearings -- Is a Lawyer Necessary?

Being involved in alternative dispute resolution (ADR) and child protection issues in New Mexico, I was struck by the recent question of whether parents need lawyers for school disciplinary hearings.  See Anna Stolley Persky, July 2011 issue of the ABA Journal.  The article begins with a "painful case," concerning "good kid" Nick Stuban, a Boy Scout and foot ball player in Virginia, who was transferred from school under the school's "zero tolerance policy" regarding drugs and weapons, for having brought to school a capsule of the then-legal synthetic marijuana.  Six days after starting at his new school, Nick committed suicide.

At the time of the incident, Nick's parents were discouraged by school administrators from bringing a lawyer to the disciplinary hearing, arguing it "would make the proceeding 

How a Mediator Can Help in Foreclosure - More Thoughts*

I've written in a previous blog about the role and utility of mediation in foreclosure matters.  Here are a couple of additional tips and pointers raised in a recent teleconference devoted to foreclosure mediation, including encouraging the parties to discuss how numbers were crunched,  locating the Pooling Service Agreement, and identifying the agent responsible for maintaining the file in the future.

Mediating Neighborhood Disputes*

As a "community mediator" in Albuquerque, New Mexico, I deal with a lot of disputes between neighbors.  Today, these neighbors are increasingly part of a well-regulated association, and their disputes that are particularly amenable to mediation due to the sensitive or "hot button" nature of issues concerning home.

Marital Settlement Agreements and Creditors' Claims

As part of my divorce mediation practice in New Mexico, I see a lot of "marital settlement agreements" (MSAs) and understand the pitfalls they can entail.  For example, under NMSA Sec. 42-10-2 and 42-10-3 certain assets such as annuities, money purchase plans, profit sharing pans, and individual retirement accounts are ordinarily exempt or protected from creditors' claims, through attachment, garnishment or other legal process--however, that protection can be waived if the parties are not careful.  A recent N.M. case addresses this head one.

Foreclosure Mediation - Limitations and Concerns*

As part of my New Mexico mediation practice, I find I am increasingly being referred residential foreclosure mediation cases.  This is no accident as today, an increasing number of states and/or individual state courts are utilizing foreclosure mediation programs to manage the current "foreclosure crisis." Some states with such programs, either state-wide or local include: Connecticut; Delaware; Florida—various judicial districts; Kentucky—Jefferson County; Maine; Maryland; Michigan; Nevada; New Jersey; New Mexico—First and Thirteenth Judicial Districts; New York; Ohio—various counties; Oregon; Pennsylvania—various counties; Rhode Island—Providence. 

A recurring and thorny dilemma for mediators today is how to conduct and what are the proper parameters for a foreclosure mediation or settlement facilitation.

ICWA Processes and Placement Requirements

Besides my mediation and arbitration work, I am also a Court Appointed Special Advocate (CASA) and guardian ad litem (GAL) in New Mexico.  Recently, the Second Judicial District CASA Program organized Indian Child Welfare Act (ICWA) Trianing at the Juvenile Justice Center.  Bernie Teba, member of the Navajo Tribe and Santa Clara Pueblo, and the CYFD Tribal Liaison, discussed various ICWA processes and placement requirements which I will recount here. 

Child Protection Update - Abuse Evidenced by Abuse of Mom and Siblings

As a guardian ad litem (GAL) and alternative dispute resolution (ADR) practitioner in New Mexico, I take special interest in unusual court cases involving children.  In CYFD v. Arthur C. and Angel J., 2011-NMCA-022, the New Mexico Court of Appeals* recently reconciled rule amendments, and an amendment to Section 32A-4-19 with Court Rule 10-343, to uphold a determination of abuse in the context of an Indian Child Welfare Act (ICWA) matter, and prior abuse of another child.