Download Promoting Access to Justice: Applying Lessons Learned from Foreclosure Mediation

Through research, evaluation and the administration of foreclosure mediation programs, RSI has identified four program design elements that have helped foreclosure mediation programs meet their common goals of increasing borrower understanding, facilitating communication among parties, and keeping parties accountable throughout the process. These are: (1) simple entry requirements for borrowers; (2) an ongoing focus on keeping cases moving forward; (3) provision of financial counseling and legal services to borrowers; and (4) continual monitoring of program performance and use of monitoring data to improve program functioning. This article discusses these four design elements in detail so that courts and program administrators can learn from our research, improve existing programs, and increase access to justice. It also discusses how these same program design principles could help alleviate another looming crisis — student loan debt.