To Kill a Mockingbird Mediator?: Assessing the Need for Third-Party Neutrals in Federal Bankruptcy Courts' Home Foreclosure Avoidance Programs

Authors

Lancelot L. Esteibar, Benjamin N. Cardozo School of Law

Abstract

This Note proceeds in four parts. First, Part I provides background information on the mortgage crisis, the loss mitigation processes, and current federal, state, and bankruptcy court programs aimed towards preventing foreclosure. Second, Part II describes the role of a mediator and the process of mediation. Third, Part III examines barriers to effective negotiation and why mediators can assist in overcoming those obstacles in the bankruptcy courts' loss mitigation programs. Finally, Part IV offers an alternative to the direct negotiation model prescribed by the S.D.N.Y., E.D.N.Y., and D.R.I. loss mitigation programs.

Disciplines

Bankruptcy Law | Courts | Dispute Resolution and Arbitration | Housing Law | Law

Recommended Citation

Lancelot L. Esteibar, To Kill a Mockingbird Mediator?: Assessing the Need for Third-Party Neutrals in Federal Bankruptcy Courts' Home Foreclosure Avoidance Programs, 13 Cardozo J. Conflict Resol. 527 (2012).
Available at: https://larc.cardozo.yu.edu/cjcr/vol13/iss2/8