by Michelle Wilkinson | Mar 22, 2024
Foreclosure Mediation Services is, perhaps, one of the least known mediation services that the Dispute Resolution Center of King County provides. We started providing foreclosure mediations soon after the WA state legislature passed the Foreclosure Fairness Act in 2011. With an overall resolution rate of 89 percent, as well as a home retention rate of 59 percent in 2023, we have completed 1075 foreclosure mediations over the life of the program.
What is The Foreclosure Fairness Program?
The Foreclosure Fairness Program (FFP) established by this Act has two major objectives.
- First, to protect homeowners from avoidable foreclosures.
- Second, to ensure the foreclosure process, itself, is fair and transparent. This allows both the borrower and the mortgage lender to meet, as well as make well-informed decisions, even during situations when foreclosure is unavoidable.
The Department of Commerce is the manager of the FFP. Commerce works in collaboration with the Washington State Housing Finance Commission, the Office of the Attorney General and the Office of Civil Legal Aid. The key providers of services, however, are mediators, attorneys, and housing counselors.
Well-Trained Foreclosure Mediators Make a Difference
Mediators play a pivotal role in helping lenders and borrowers resolve their foreclosure issues. However, neither party can initiate contact with a mediator. The Washington State Commerce assigns mediators to cases that have been referred to the program by attorneys or housing counselors. The mediators it assigns have successfully completed its foreclosure mediation training. In early 2023, Commerce had 59 mediators on its approved list. Currently, the Dispute Resolution Center of King County has five of those mediators.
According to Sharon Moon, the Foreclosure Mediation Case Manager and a Foreclosure Mediator for KCDRC, Commerce’s training is essential. “Foreclosure law is very technical. It has technical processes, documents, and jargon. The 3-day training does not help someone become an expert in foreclosure law, but it will help the mediator be aware of what the parties are talking about and what they mean.”
A long-term volunteer in the program, Deborah Diamond, notes, “I have been very impressed with some of the loss mitigation specialists who are good at explaining the numbers in an empathetic way. Some others come across as flat/low affect, so I sometimes need to calm the borrowers. I explain that there is no subjective element to these decisions, just objective requirements (even if they seem arbitrary) and regulations that must be met.”
Operating in Good Faith during a Foreclosure Mediation
Foreclosure Mediations are unlike most of the mediations we do in one other way. In addition to impartially facilitating the conversation between the parties, mediators must determine and certify whether each party has participated in the mediation in good faith. Examples of not being in good faith include – not paying required fees, not showing up to a session, and not providing the documentation required. Some mediators feel uncomfortable with the responsibility of determining whether a party has participated in “good faith.”
If you are not one who feels discomfort with certifying “good faith” and are curious about doing foreclosure mediation, keep tabs on the Foreclosure Fairness Program at Commerce. It might just offer another mediator training to expand its pool.
Foreclosure Mediation Growing?
The foreclosure rate in the United States was 2.23 percent in 2010, just after the Great Recession. It declined steadily to .11 percent in 2021. The rate is now on an uptick at .23 percent in 2022. If it continues to increase, the demand for foreclosure mediations may grow. If you are a homeowner interested in the program, call the Washington Homeownership Hotline at 1.877.894.HOME.
by Michelle Wilkinson | Feb 25, 2024
In January, the Dispute Resolution Center of King County was proud to receive the 2023 Community Partner of the Year Award, along with Solid Ground, from the Eastside Legal Assistance Program. When members of the three organizations gathered together, it was a first-time meeting in person after collaborating for more than a year virtually.
ELAP bestowed this shared honor on KCDRC and Solid Ground thanks to a partnership forged and managed by KCDRC’s Strategic Development and Special Project Advisor, Marilyn. She created a weekly housing clinic that provided information and conflict coaching for people with rental housing eviction issues during COVID-19. The weekly clinics started in March 2022 and concluded in June 2023 as the Eviction Resolution Pilot Program (ERPP) ended. The other organizations involved in the partnership included Tenant Law Center (TLC) of Catholic Community Services, Northwest Justice Project, and the Rental Housing Association of Washington. We are proud to accept this award because it represents the thousands of people helped to preserve rental housing in King County as a result of the pandemic.
The housing clinic partnership was also presented by ELAP at a recent Access to Justice conference as a best practice model. We hope that other organizations learn from the success we had and that they will create new collaborations to address all sorts of community issues.
KCDRC has been an active part of the King County community since our founding in 1986. We understand how important it is to connect with other organizations and groups throughout the community to gain the best understanding of who we are serving. Establishing effective partnerships is vital to our ongoing success. We are always seeking new partnerships that help strengthen our mission, and we welcome ideas from our community about new opportunities for collaboration.
by Michelle Wilkinson | Feb 21, 2024
If you have ever had a conflict – and who hasn’t? – you probably have wondered how you could make it easier. Whether you are fighting with your spouse, a co-worker, or a neighbor, there are some helpful tips for solving conflict and coming up with a solution.
Slow Down
Perhaps the first step is the most important: Step back and slow down. In the heat of the moment, tensions are high, and we often fall back on the behaviors we know. However, those repeated behaviors haven’t worked in the past, so why would they work this time? Rather than turn on auto-pilot, take the time to stop what you are doing and think about the situation. By becoming aware of what is happening, we can start to change our approach and our words around the conflict. If we are aware and engaged, we can plan what we want to say and avoid saying things that will escalate the issue even more.
Ask for a Conversation
Once you have stepped back and thought about what you want to say and do, it’s time to approach the other person and find out if they are willing to have a conversation. You have had the benefit of rethinking your approach, but they might still be in a defensive “fight” mode. Help them to understand you want to talk, not yell. Tell them how important the topic is and why a conversation will help you maintain a good relationship with them. Allow them the time to calm down and save face, even if it means you aren’t both ready to talk just yet. Let them know that you want to have a conversation so you can both express your views and feelings and problem-solve together.
More Tips for Solving Conflicts
These two tips can help you get started in solving a conflict in your personal or professional life. For more tips for solving conflicts, visit our Resolution Tips page or check out the Seattle Times article featuring KCDRC. And if you cannot come up with a solution on your own, you can always turn to the Dispute Resolution Center of King County to find out how Mediation Services can assist.
by Michelle Wilkinson | Feb 5, 2024
Picture this. You are having a disagreement with your neighbor about noise levels, and you mention it to your cousin in a phone call. After listening to the details of the argument, your cousin suggests that you need to go to mediation. Great…but what is mediation?
How does mediation work?
Many people have never heard of mediation, so you are not alone. Essentially, it is a conversation between two or more people who disagree. It is led by a trained, neutral mediator who doesn’t take sides. Instead, they ask questions and make it easier for the people in conflict to communicate the real issues underlying the problem.
The mediator will help to write up any agreements that come from the conversation, but they never decide the outcomes. The parties negotiate for themselves and determine together how they would like to fix the conflict. The parties meet and settle their conflict in a safe, confidential, and efficient manner to really hear the other party’s perspective and to also have their own ideas heard.
Why choose mediation?
Going to mediation is a less expensive and time-saving alternative to taking the issues to court. So, whether you want peace and quiet, family unity, or a financial settlement, mediation can help. Fortunately, many communities have a dispute resolution center (DRC) that provides reasonably priced conflict resolution services, including here in King County. The Dispute Resolution Center of King County is a non-profit organization that provides sliding scale fees, so everyone has access to conflict resolution services in the community. In fact, several of our services are free thanks to generous donors and government contracted funds. People support and use the mediation services we provide because there are many benefits:
- Mediation has a high success rate
- Significant cost savings compared to litigation
- You get to decide the best outcome
- Confidentiality is guaranteed by state law
- Problems are dealt with quickly
- Gain a better understanding of issues on both sides
- Leave with a written agreement that is legally binding
- Meetings take place virtually for ultimate convenience
If you want to learn more about the conflict resolution services we provide — including housing, workplace, community and family, please visit our website. If you want to set an appointment to discuss your conflict and find out if mediation is right for you, complete our intake form and one of our case managers will follow up with you.
We know that mediation works in many different types of conflict. Contact us today to see if mediation is right in your situation.
by Michelle Wilkinson | Dec 21, 2023
P R E S S R E L E A S E
FOR IMMEDIATE RELEASE
December 21, 2023
Contact Email: Michelle Wilkinson
LOCAL NON-PROFIT OFFERING FREE CONFLICT RESOLUTION TRAINING FOR KING COUNTY RESIDENTS
Seattle, December 21 – The Dispute Resolution Center of King County (KCDRC) introduces a series of new, culture-forward trainings to support individuals to better manage conflict on their own, and in their own communities. Conflict Resolution for Everyone (CoRE™) will be free to all King County residents in 2024. CoRE centers cultural diversity throughout the entirety of the training and considers the complexities related to cultural factors in conflict.
KCDRC Executive Director, Dave Martine, shares, “At this moment in time, conflict is boiling over everywhere, playing a larger role in our lives, not just in the news, but at work, school, spaces of worship, community meetings, and even at family dinners. CoRE is for everyone, whether you want to become a mediator or address problems with your neighbors, coworkers, or family in a more productive way.”
Martine adds, “King County is one of the most diverse counties in the country, so we wanted to create a program that would be beneficial and equitable to a wide range of people in our community. With generous funding from the Washington State Legislature, we created a culturally relevant program starting by holding listening sessions with residents and organizations throughout South King County. We heard perspectives from people of color and marginalized communities, including LGBTQ+, immigrant, and formerly incarcerated individuals and their family members. With a better understanding of conflict from different perspectives, we have created a truly unique learning opportunity.”
During the development of CoRE, KCDRC piloted the trainings with community members. Afterwards, they shared some reflections. Meryn states, “This training is a fun and engaging way to internally reflect on ways to be a productive mediator. Learning about your own strengths and weaknesses to help others better!” Anisa adds, “I learned a lot about how to view other people’s perspectives, as I was more internally focused. I learned to be more confident in myself since I am an introvert so that I can extend myself to help others.” Dashne offers, “I’ve learned a lot, especially having the confidence to listen to other people’s conflicts and help them to problem solve, and work to find a solution. They were able to create a training that is interactive that has practical real-world examples!”
This new, one-of-a-kind program helps people navigate conflict in their own lives by giving them the knowledge to work through disagreements with more effective approaches. Daniel Dittrick, KCDRC’s Professional & Community Education Manager notes, “The sessions are set up in modules that can be taken together, or an individual can choose just one skill they want to work on, like giving and receiving feedback or negotiation basics, intentional listening and more. Sessions will be offered at varying times each month to accommodate people’s busy lives, making it more convenient for everyone to take part. While we are launching the program virtually in English, our aim is to add in-person sessions, and eventually expand the languages offered.”
KCDRC is offering the program for free in the first year to make CoRE more accessible to everyone. Martine expresses, “This will allow us to remove many financial barriers so more people can benefit from the new program. We are acting on our organizational values by offering CoRE for free. Our staff and board are thrilled we can bring this innovative learning opportunity to our community.”
CoRE™ sessions will launch on February 1, and signup begins on January 5 at www.kcdrc.org/learn.
The KCDRC mission is to promote meaningful pathways for everyone to engage with conflict, to learn from each other, and to grow in community. A nonprofit since 1986, KCDRC provides low-cost and no-cost solutions for King County residents and businesses to uncover workable solutions to everyday problems. Last year, our staff and volunteers helped to resolve more than 7,500 disputes throughout King County. To learn more about the full range of services, visit www.kcdrc.org.
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For media inquiries, interviews, or additional information, please contact Michelle Wilkinson.
For a PDF of the press release, click here: CoRE Press Release Final
by Michelle Wilkinson | Oct 20, 2023
The Dispute Resolution Center of King County is excited to announce the launch of a new program to help stabilize rental housing throughout King County. The Voluntary Initiative for Stable Tenancy and Affordability (VISTA) is an alternative to court proceedings that can be costly and time-intensive for everyone involved.
Caroline D., Director of Mediation Services, explains, “We saw a big need in King County to assist tenants and landlords in rental housing communities to find solutions to their conflicts in order to increase housing stability. Instead of immediately heading to eviction court when tenants have unpaid past-due rent, VISTA parties can voluntarily come to KCDRC for conflict coaching and mediation that will create another option to solve their problems. In most cases, it is a faster, less expensive, and more satisfactory resolution for everyone.”
VISTA Housing Program Manager, Sarah G., notes that 15 number of professional mediators have already signed up to volunteer their services for this new program. “The enthusiasm that our community has shown for this new program is really exciting. Many volunteers were involved with the Eviction Resolution Pilot Program (ERPP) over the last few years, and they want to continue this important work to increase housing stability and reduce the number of people becoming homeless in our community.”
KCDRC is a non-profit in King County that has been providing alternative dispute resolution services, including mediation and conflict coaching, since its founding in 1986. Last year, more than 7,500 residents and businesses used DRC services to solve disputes. To learn more about our services, visit www.kcdrc.org.
Foreclosure Mediations are unlike most of the mediations we do in one other way. In addition to impartially facilitating the conversation between the parties, mediators must determine and certify whether each party has participated in the mediation in good faith. Examples of not being in good faith include – not paying required fees, not showing up to a session, and not providing the documentation required. Some mediators feel uncomfortable with the responsibility of determining whether a party has participated in “good faith.”
