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Just Court ADR

The blog of Resolution Systems Institute

Designing Access Part Three: Transitions, Continuity and Communication

Hanna Kaufman, August 19th, 2016

Welcome to the final blog post in a series showcasing how RSI uses our expertise in dispute system design to improve access to justice in the three foreclosure mediation programs we administer. If you’re wondering how this series came to be, check out my introduction to the series, as well as the posts highlighting our work in the 19th and 17th Judicial Circuits of Illinois.

This last post will look a little bit different than I anticipated, in large part because it will also be my final post as RSI’s Director of ADR Programs before I take on a new position as Counsel for Innovation and Technology at the Lawyers Trust Fund of Illinois. In my upcoming role, I will continue to work to promote access to justice, this time focusing on using technology and process improvement in the legal aid context. As you might imagine, transitions and continuity have been on my mind quite a lot, especially because of how close RSI’s programs are to my heart and how passionately I feel about their ongoing success.

At RSI, we think carefully about transitions and work hard to promote continuity during times of change. Current Resource Center Director Eric Slepak will begin his tenure as Director of ADR Programs after I leave today, and the two of us have been working closely together over the past two months to minimize the impact of this transition on our programs. RSI is lucky to have Eric, and I know the programs at RSI will be in great hands.

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Tough Love

Eric Slepak, July 18th, 2016

A recent study out of Columbia University suggests that nice mediators finish last. Inspired by the familiar trope of bickering siblings setting aside their differences to unite against a stern parent, researcher Ting Zhang created simulations in which student participants attempted to reach resolution using text-based chatrooms. Zhang added a further twist to the experiment by introducing computerized participants and/or mediators in some of the sessions (though all participants were told they were interacting with other humans). The participating students were randomly assigned a hostile mediator, a neutral mediator or a nice mediator. Across all of these different scenarios, however, the data showed that agreement was more likely when the participants teamed up against a hostile mediator, and that the quality of the agreements reached was similar to those reached with a nice mediator. Read the rest of this entry »

Maryland Research Offers Insight into What Works (And What Doesn’t) in the Mediation Room

Jennifer Shack, June 29th, 2016

I had the honor of presenting at the Maryland Judiciary’s ADR Research Symposium a couple of weeks ago. The purpose of the symposium was to inform judges and court personnel of the results of a six-year research project examining ADR programs and processes. It reminded me of just how well Maryland has planned and implemented its ADR system. Because it serves as a model, I’d like to provide a little background about this before discussing the research. Read the rest of this entry »

Lessons Learned from Foreclosure Mediation

Susan M. Yates, June 14th, 2016

It is heartening to see that titles of two recent publications include the phrase “lessons learned” as they explore Illinois’ experience with foreclosure mediation. That phrase reflects Resolution Systems Institute’s perspective that we should consistently seek the lessons from current mediation programs to apply to the next ones to be developed. Not surprisingly, RSI staff wrote one of these articles!

These pieces – the one by RSI and the other by the Woodstock Institute – outline four and twelve “lessons learned” respectively. The publications are:

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Child Protection Perspectives: Initiating the Conversation

Eric Slepak, April 15th, 2016

As April is National Child Abuse Prevention Month, we at RSI wanted to shine some attention on the work we are doing related to the development of the new Child Protection Mediation Program in the Sixteenth Judicial Circuit Court of Kane County, Illinois, as well as the other work RSI has done in using court ADR as a tool to address the issues of child abuse and neglect.

While our work at RSI is often about data, when it comes to child protection (a term which is meant to capture the broad array of cases in which children have been removed from their homes due to abuse and neglect), it is hard not to talk about the personal element.  Prior to joining RSI, much of my work had been as an advocate at the intersections of special education, juvenile justice and the child welfare and foster systems. These seemingly independent worlds actually collide frequently, and illustrate some of the many complexities involved in handling cases of child abuse and neglect. Read the rest of this entry »