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Just Court ADR

The blog of Resolution Systems Institute

Archive for June, 2011

Professor Seeks Domestic Violence Screening Tools

Susan Yates, June 28th, 2011

Prof. Susan Raines of Kennesaw State University is seeking examples of instruments used by mediation programs to screen for domestic violence. She writes:

“As Georgia considers revising its screening tools and policies for domestic violence in mediation, I am seeking examples from other jurisdictions within and outside the United States. As a researcher at Kennesaw State University’s Conflict Management Master’s Program, it is my hope that any changes to Georgia’s DV screening and policies will reflect the current state of knowledge on the subject as well as best practices from our peer courts.”

If your state or program has tools to share please send them to Susan (sraines@kennesaw.edu). She may also conduct a small number of interviews with court staff, judges, or mediators in other states. If Susan’s name sounds familiar, it may be because she is the editor of Conflict Resolution Quarterly, where she does a great job juggling lots of potential articles and putting together a quality publication.

ADR and Self-Represented Litigants

Susan Yates, June 24th, 2011

The Center for American Progress has published a paper, “Grounds for Objection: Causes and Consequences of America’s Pro Se Crisis and How to Solve the Problem of Unrepresented Litigants” that recommends ADR as one method for helping the growing numbers of pro se litigants in the country’s courtrooms:

“Alternative dispute resolution methods administered by lawyers and nonlawyers alike can help people avoid court altogether. Mediation is often considered particularly useful in family law cases where it can promote cooperation in parents who must remain significantly involved with one another after their case is resolved.”

The author wisely points out that ADR is not a panacea:

“For some litigants, alternatives to the traditional client-attorney relationship will not work. They may be unable to resolve their disputes in mediation, their case may be too complicated, or they may face personal issues such as mental health problems that make both ADR and self-representation poor options.”

This takes a very healthy perspective, one that those of us who care about both ADR and about individuals with limited resources should embody. We should think broadly about how the processes we promote can assist people and what the limits are to the effectiveness of these processes.

The Bread and Butter of Non-Judicial Foreclosure Mediation

Heather Scheiwe Kulp, June 22nd, 2011

Here at the Just Court ADR blog, we focus on just that – court-connected alternative dispute resolution. But occasionally, a dispute resolution system becomes so popular that it grows beyond the walls of the courthouse and replicates itself, like good yeast, into new shapes.

The latest ADR bread to rise outside the judiciary (more…)

Budget Squeezes, Access to Justice, and Creative Solutions

Heather Scheiwe Kulp, June 7th, 2011

While money gets tighter, more people want access to the court system.

For instance, in Oneida County, Wisconsin, case filings in 2002 were at 8,535 per year. In 2006, that number increased to 9,629. Now, court personnel say that (more…)