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Just Court ADR

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A Glitch In The Matrix: The Challenges of ODR

Eric Slepak, April 19th, 2018

In my previous entry, I shared the features of online dispute resolution, or ODR, that had me excited about the myriad ways technology is shaping the way we approach dispute resolution. But as is so often the case with technology, the flip side of new opportunities is the potential for abuse (as the Facebook CEO Mark Zuckerberg’s recent testimony before Congress demonstrates). Here are my three biggest concerns I’ve identified in researching ODR and talking with courts about it.

ODR is Not a Crock-Pot
In an age where Amazon can reliably create our shopping lists for us and the timeline for self-driving cars to rule the road is being projected in years, not decades, it is tempting to think that the computerization of dispute resolution will be a fully automated process that will free our courts to just ‘set it and forget it.’ This canard, which has also plagued non-digital ADR as well in a slightly different format, presupposes that there is no need for regular human intervention.

In reality, implementing ODR into our courts will not only require a watchful eye, but probably several sets of them. The recent requirement to e-file cases in my home state of Illinois provides a good example. Circuit Court clerks across the state geared up for nearly two years to launch this change, and many are still working through a transition period where they are still utilizing paper filings as a redundancy and staffing personnel to help answer litigant questions.

Beware the Crock-Pot. Image: NBC

Similar precautions, and then some, would be needed to introduce ODR into a court ecosystem. There would need to be rigorous education and outreach offering, both prior to and coinciding with program launch. Staff would need to be available to address technical issues and procedural questions. Ongoing monitoring to assess the program’s success, making necessary adjustments to the program, and reporting back to judges and court administration are all aspects that require human intervention. While that involvement may decrease over time, ODR is not a crock-pot: you can’t just throw everything together, hit start and expect things to work out.

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Do Android Mediators Dream of Electric Agreements?

Eric Slepak, January 30th, 2018

With the new year being still fresh enough that some of us, and hopefully not just me, continue to write 2017 on their checks, the future is at the forefront of many of our minds. Whether we’re setting ambitious goals for the year to come, or just looking forward to putting the previous year behind us, I think it’s pretty natural for us to spend this time of year fixated on the road ahead. For me, this has translated into thinking a lot about the cutting edge of the ADR field: Online Dispute Resolution, or ODR. (more…)

Takeaways from a Child Protection Mediator Training

Eric Slepak, February 6th, 2017

On January 20-21, RSI put on an advanced two-day training for the mediators in our new Child Protection Mediation Program operating out of Geneva, IL. This training was the culmination of our efforts to put in place a dynamic and collaborative new forum to address child abuse and neglect cases in Illinois’ 16th Judicial Circuit Court. Based on the outcome of the training, I feel confident that our new program will be a huge boon to Kane County, the jurisdiction which the program serves. I also am glad to have taken away some ideas about how to create a better mediator training event, which I get to share with all of you. (more…)

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. (more…)

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. (more…)