"I have only had one party that was unrepresented in the early day of the FFA. Frankly, he did a better job than most housing counselors and attorneys. In the last year, I have seen an increase of cases where the borrower was represented…"
Promoting Informed Use and Best Practices for ADR in Washington
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Sherman L. Knight
- Kirkland, WA
- United States
- Blog Articles (1)
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Sherman L. Knight's Groups
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Latest Activity
WSBA ADR Executive Committee Meeting at WSBA Offices
May 15, 2015 from 12pm to 1:30pm
Monthly meeting of the WSBA ADR Executive Committee, open to any who are interested.To participate by phone:Dial 1-866-577-9294.Use participant code 5016527See More
"Nancy, I have a slightly different phrasing of the FFA requirements regarding NPV. It comes from the changes made to the FFA in 2011/12.
There are now three related-but-different things the FFA talks about regarding NPV: submission of NPV…"
"Sherman: The NPV seldom comes up in my cases. During my opening statement I always ask if there are any of the required documents still outstanding and sometimes it is the NPV as this is generated during the review process. Most…"
NVP - Does anyone use it?
In the typical case I have, the beneficiary provides an NPV analysis as part of its analysis when there has been a denial of a modification. In only one of my cases has anyone contested the NPV analysis. In that case, the borrower represented himself. So the first question is, as a mediator, what percentage of your cases involve a dispute over the NPV prepared by the beneficiary? The second question is, if the housing counselor or attorney for the borrower do not bring up or contest the NPV…See More
"How Often Involve a Dispute Over NPV?
I rarely find the NVP becomes a topic of negotiation.
Whether a NVP is relevant to the negotiation is for me, first a foremost, a question of whether the parties think it is. And they rarely do.
The FFA provides…"
"Q1 - close to zero
Q2 - NPV analysis is a part of my effort at transparency. I open the session showing parties the blank mediator certificate and DoC complaint forms and start w/ statutory document exchange expectations (Bor & Ben may or may…"
NVP - Does anyone use it?
In the typical case I have, the beneficiary provides an NPV analysis as part of its analysis when there has been a denial of a modification. In only one of my cases has anyone contested the NPV analysis. In that case, the borrower represented himself. So the first question is, as a mediator, what percentage of your cases involve a dispute over the NPV prepared by the beneficiary? The second question is, if the housing counselor or attorney for the borrower do not bring up or contest the NPV…See More
"Jeff, you nailed it. Frankly, I have had more borrowers "not in good faith" than beneficiaries. But I have issued very few certificates either way.
I typically take it quite a ways before a "not in good faith"…"
Early Stage Mediation - There is no Down Side.
Late mediation has been around for decades. While late stage mediation (close to a trial date) may avoid trials, clients today are interested in further reducing expenses, keeping the emotional toll of litigation in check and maintaining relationships. Late stage mediation results in destroyed relationships. As the lawsuit progresses, both party’s becomes convinced the other side is hiding something. Best of friends become polarized, even hostile toward one another, refusing to…See More
WSBA Membership Event: Land use mediation panel and networking evening at Red Lion Downtown
January 24, 2012 from 5:30pm to 7:30pm
Join the WSBA ADR Section Membership Committee for this member event of a panel presentation and networking evening. Format: 45-minute panel presentation with questions followed by a one-hour networking event with hors d'oeuvres and refreshments (including one free drink).Topic: Issues and opportunities in land use mediation.Panelists: Courtney Kaylor (a partner with the law firm McCullough Hill Leary P.S. in Seattle, Washington whose practice focuses on land use and environmental law, and on…See More
"I send a letter to the parties before the mediation. It typically includes arequest for the NVP and a link to the website that has the calculator or I senda copy (attachment) of the spreadsheet we received at the training.
I ask the…"
WSBA ADR Membership Event: Foreclosure Panel and Networking Evening at Red Lion Downtown
October 17, 2011 from 5:30pm to 7pm
Join the WSBA ADR Membership Committee for this member event of a panel presentation and networking evening. Format: 30 minute panel presentation followed by a one-hour networking event with hors d'oeuvres and refreshments (including one free drink).Topic: Foreclosure Fairness Act issues and fixesPanelists: Prof. Alan Kirtley (UW School of Law); Kathryn Leathers (WSBA Legislative Liaison); Andrew Kidde (President of Resolution Washington; Co-Manager Bellevue Neighborhood Mediation…See More
Profile Information
- Title/Position
- Attorney/Mediator/Arbitrator
- Company/Employer
- Knight Dispute Resolution
- Services Provided
- Legal Advice & Counsel, Arbitrator, Litigation, Mediator
- Practice Areas
- Any, Business, Consumer Law, Corporate, Employment (Non-Union), Peer, Real Estate
- Bio
- For the last three decades, Mr. Knight has been a business professional.
His experiences include work as an engineering tech and surveyor for the Washington State Department of Transportation, a project manager for a mid-sized construction company and the quality control manager of a concrete pre-cast company. Mr. Knight is also a licensed architect in the State of Washington.
As an architect, his primary role was the construction administrator. He observed and solved problems in the field on a daily basis. This is where Mr. Knight learned the basics of dispute resolution, quickly and on the spot.
After a decade getting his hands dirty, Mr. Knight attended Law School. After graduation, Mr. Knight spent the next two decades as a partner/owner of his law firm and focused on business litigation. Much of it related to real estate, land development, business formation, land use, home owners associations issues, financing, insurance, surveying issues and construction defects.
Sherman is currently an executive member of the Alternative Dispute Resolution Section of the Washington State Bar and a member of Organization Committee of the Construction Law Section. He is also a member of the ADR section of the King County Bar Association, a certified US District Court Rule 39.1 mediator and certified by the Washington Mediation Association.
As the past chairman of the legislative committee for the American Builders and Contractors Association, a Legislative Lobbyist for the Associated General Contractors (AGC) and a member of its legal affairs committee, Mr. Knight keeps abreast of new legislation and changing legal issues that impact all the areas of Mr. Knights practice areas.
As a public speaker, Sherman has presented at several Continuing Legal Education seminars and speaks at the AIA Professional Series.
Mr. Knight earned a Bachelor of Architecture from Washington State University and his law degree from University of Puget Sound (now Seattle University School of Law)
- Phone
- 425-576-8777
- knight@mediate.com
Sherman L. Knight's Blog
Early Stage Mediation - There is no Down Side.
Posted on December 12, 2012 at 10:25pm 0 Comments 0 Likes
Late mediation has been around for decades. While late stage mediation (close to a trial date) may avoid trials, clients today are interested in further reducing expenses, keeping the emotional toll of litigation in check and maintaining relationships.
Late stage mediation results in destroyed relationships. As the…
ContinueComment Wall (1 comment)
- At 7:30pm on June 9, 2010,
Jeff Bean said…
- Sherman, welcome to your WSBA ADR network! Check out the Forum, comment on a discussion or post a new one yourself, join a section committee or another group, post your pic and expand your profile, and just otherwise make this on-line community work for you! Do let me know if there's anything you'd like to see on this website that would make it more valuable to you in your practice.
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