Mandatory Foreclosure Mediation: A Good Idea?

The Florida Supreme Court has ordered a review of its 18-month-old mandatory foreclosure mediation program.  Should a similar process come to Wisconsin?

In July 2011, Wisconsin had the 10th highest foreclosure rate in the United States, only four spots behind the State of Florida.  Several initiatives in Wisconsin have attempted to inject mediation into the foreclosure process, with varying amounts of success.  Purely voluntary processes are flailing – with lenders refusing across the board to even attend the voluntary mediations.  More suggestive processes are seeing varying amounts of success.

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Law Firms Are Not Run Like Businesses

I remember my first “real” interview after I graduated from MULS (this phrase may explain my lack of success in OCI).  One thing the managing attorney said to me continues to stick out in my memory, especially now that I have started my own mediation firm.  “Firms are not run like businesses.”  He stated this in relation to firms renting versus owning real estate space, but in my experience I have recognized this axiom being true in other respects as well.  The one that has stuck out to me is that the hiring process performed by law firms does not conform to standard business practices for HR processes.

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You Are Not Leaving on a Jet Plane–Not Dressed Like That

On September 1, Green Day’s frontman Billie Joe Armstrong was removed from a Southwest Airlines flight because his pants were too saggy.  Two months ago a football player from the University of New Mexico was also removed from a flight, this time by US Airways.  With these events taking place in relatively rapid succession, the blogosphere lit up with complaints about the airlines.  There are even online petitions and calls for both men to sue their respective airlines.

I view this no differently than the signs I saw as a kid walking into restaurants: “No Shirt, No Shoes, No Service.”  A private company has a right to enforce a dress code on patrons.

Those calling for a lawsuit may have their trigger fingers a bit too itchy.  This was by no means a restriction based on race, ethnicity, gender, etc.  This was a company seeking to enforce a public dress code.

Perhaps this is a potential market opening for any of you with millions just looking for something to do with it – open an airline that allows passengers to wear their pants sagging.

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