Just Court ADR » Jennifer Shack http://blog.aboutrsi.org The blog of Resolution Systems Institute Fri, 11 May 2012 19:06:01 +0000 en hourly 1 http://wordpress.org/?v=3.3.2 Make the Most of Your Data http://blog.aboutrsi.org/2012/program-evaluation/make-the-most-of-your-data/ http://blog.aboutrsi.org/2012/program-evaluation/make-the-most-of-your-data/#comments Fri, 11 May 2012 19:06:01 +0000 Jennifer Shack http://blog.aboutrsi.org/?p=672 If you’re wondering whether the mediation participant survey forms you’re using for your program is asking the right questions, or if you want to improve reports about your program, join me in Part II of my webinar, “Making the Most of Your Data.”  I’ll be talking about creating good post-mediation survey forms, with lots of examples and what you can and cannot say about your data. I’ll also give some tips about writing reports so that they’ll be read.

The hour-long webinar is being presented by the National Association for Community Mediation (NAFCM) on May 17 at 3:30 Eastern. It’s free for NAFCM members and only $20 for non-members. Click here to register.

]]> http://blog.aboutrsi.org/2012/program-evaluation/make-the-most-of-your-data/feed/ 0 What Makes a Mediator Effective? The Need for Empirical Evidence http://blog.aboutrsi.org/2012/program-management/what-makes-a-mediator-effective/ http://blog.aboutrsi.org/2012/program-management/what-makes-a-mediator-effective/#comments Fri, 23 Mar 2012 14:37:46 +0000 Jennifer Shack http://blog.aboutrsi.org/?p=653 As a mediator, I was trained that particular actions I took during mediation would bring the parties closer to settlement in a facilitative process. As a researcher, I know that no one has proven what I was told to do is effective. As a field, we’ve examined the outcomes of mediation, but we haven’t examined empirically the reasons for those outcomes. Now, Gary Weiner, a mediator and administrator for an appellate mediation program, has proposed that we do just that. He has organized a mini-conference on research for the upcoming ABA Section of Dispute Resolution Annual Conference in April that is designed to get participants discussing the possibilities for researching the effectiveness of mediator behaviors.

In preparation for the mini-conference, Weiner has written a very lucid and thought provoking paper that outlines why he believes such research is necessary. He recognizes that gauging whether something is effective should depend on what the goals are. He sees the outline of those goals for each program as the first step in determining whether 1) mediation is effective and 2) what behaviors lead to its being effective. He then notes that research into the effectiveness of particular behaviors has been reliant on mediator self-evaluation or participant feedback, both of which are unreliable methods for assessing what happened in mediation and the causal connection between behavior and outcome, starting with settlement. He’s interested in devising other ways in which mediator behaviors can be empirically tested. Does providing an evaluation of the case really lead to settlement, or is something else the mediator is doing the causal factor?

Research in other fields, most notably psychology, provides promising evidence that mediator behavior can be examined empirically to discover what is effective. I’m looking forward to discussing the possibilities at the conference.  If you would like to weigh in before then, comment here or get in touch directly with Gary at Gary.Weiner@jud.ca.gov.

]]> http://blog.aboutrsi.org/2012/program-management/what-makes-a-mediator-effective/feed/ 7 How Do You Deal with the Dilemma of Data Tracking? http://blog.aboutrsi.org/2012/program-management/how-do-you-deal-with-the-dilemma-of-data-tracking/ http://blog.aboutrsi.org/2012/program-management/how-do-you-deal-with-the-dilemma-of-data-tracking/#comments Mon, 06 Feb 2012 16:45:21 +0000 Jennifer Shack http://blog.aboutrsi.org/?p=617 So much data, too little time and money. That’s been RSI’s takeaway from courts as we’ve worked with them in Illinois and beyond to develop and improve their ADR programs. We’ve been told one of two things: “We’d love to track our program, but we don’t have anyone who can enter the data.” Or, “We’ve got a whole lot of data, just no way to enter it.” It’s a dilemma we know is difficult to overcome even as we encourage courts to maintain monitoring systems and conduct evaluations so they can keep tabs on how well their program is doing and remain accountable to funders and the public.

We’ve responded to the lack of financial resources by recommending and developing tracking systems that use free or already available software – spreadsheets or Google Forms – that can be easily adapted for use by courts. This doesn’t confront the issue of time, however.  Courts and programs lucky enough to have access to interns can use them to enter data. We have also suggested that programs work with graduate students looking for a good thesis or dissertation topic. They often are willing to collect, enter and analyze data in return for the opportunity to use that data in their research.

The shortage of resources that courts are facing requires creativity in order to do more with less. What creative solutions has your program developed to track and enter data on a budget?

]]> http://blog.aboutrsi.org/2012/program-management/how-do-you-deal-with-the-dilemma-of-data-tracking/feed/ 0 Check out the New Draft Guidelines for Child Protection Mediation http://blog.aboutrsi.org/2011/program-management/check-out-the-new-draft-guidelines-for-child-protection-mediation/ http://blog.aboutrsi.org/2011/program-management/check-out-the-new-draft-guidelines-for-child-protection-mediation/#comments Wed, 30 Nov 2011 23:54:35 +0000 Jennifer Shack http://blog.aboutrsi.org/?p=569 Child Protection Mediation is a growing area of ADR with a track record of positive effects for families brought into the child welfare system. Now, new comprehensive guidelines have been created to help programs ensure that they abide by best practices.  The draft Guidelines for Child Protection Mediation were developed by the Child Welfare Collaborative Decision Making Network (CWCDMN), which is a combined effort of  the Association for Family and Conciliation Courts (AFCC), the National Council of Juvenile and Family Court Judges (NCJFCJ), the Werner Institute for Negotiation and Dispute Resolution at Creighton University School of Law, and the National Center for State Courts (NCSC).

For my part, I’m pleased to see monitoring and evaluation included in the guidelines, as well as very specific guidance on mediator training. The guidelines are open for comment until January 24, 2012. If you work in the child welfare system, I encourage you to take a look and send in your comments.

]]> http://blog.aboutrsi.org/2011/program-management/check-out-the-new-draft-guidelines-for-child-protection-mediation/feed/ 0 Delaware Arbitration Program Sued as Unconstitutional http://blog.aboutrsi.org/2011/ethics/delaware-arbitration-program-sued-as-unconstitutional/ http://blog.aboutrsi.org/2011/ethics/delaware-arbitration-program-sued-as-unconstitutional/#comments Thu, 27 Oct 2011 15:26:07 +0000 Jennifer Shack http://blog.aboutrsi.org/?p=550 Via Art Hinshaw at ADR Prof Blog, the judges in Delaware’s Chancery Court are being sued by the Delaware Coalition for Open Government for operating a private arbitration system. The crux of the lawsuit is that the court’s arbitration program for business disputes, in which sitting judges act as private arbitrators, is essentially a way for court proceedings to be held outside of public view. According to the complaint, this is a violation of the presumptive right to access to judicial proceedings and documents as guaranteed by the First Amendment of the Constitution.

Read more about it here.

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