In May, we wrote about the role of mandatory mediation in helping to resolve the national foreclosure crisis. The article noted that the recession’s effect on home ownership and on neighborhoods has given rise to innovative programs in which borrowers and lenders negotiate directly with each other.

But, this is hardly the only way in which the recession has impacted mediation. Another facet of the recession’s wide reach is the impact of economic uncertainty and market volatility on parties’ ability to make lasting agreements.