Foreclosure Mediation by the Numbers

Just Court ADR by Susan M. Yates,Jennifer Shack, Heather Scheiwe Kulp, and Jessica Glowinski.

There has been a lot of talk about whether mediation is an effective answer to the foreclosure crisis, but there hasn’t been a lot of information. RSI is trying to rectify that. As one step in understanding the effectiveness of these programs, RSI has pulled together all the publicly available statistics for foreclosure mediation programs in the US in Foreclosure Dispute Resolution by the Numbers. This document visually presents the available data for each program individually and comparatively across all programs.

We’ve provided minimal analysis of the data in the document, with plans of delving in deeper in the near future. The data shows that some programs are doing well. They’re mediating a significant number of foreclosures and helping the majority of participant borrowers retain their homes. Others are not faring quite so well. That’s what the raw data tells us. Why one program would help 2/3 of participant borrowers to retain their homes while another may only help a small minority to do so still needs to be figured out. What can be said is that those programs with strong case management components appear to have high retention rates for participant borrowers. However, a number of variables may be involved in their success.

If you’re involved in a foreclosure mediation program, what has your experience been? What do you think is helping or hindering the program’s success?

                       

Jennifer Shack

Jennifer Shack is Director of Research at Resolution Systems Institute (RSI), a Chicago-based nonprofit working to improve access to justice through court alternative dispute resolution (ADR). Jennifer, who has been with RSI since 1999, is one of the foremost court ADR researchers in the field. She focuses on conducting complex… MORE >