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New York Court Launches ODR Pilot Program for Small Claims Cases

Nicole Wilmet, February 26th, 2021

In January, Manhattan’s Civil Court launched an online dispute resolution (ODR) pilot program for small claims cases. The program is designed to assist self-represented parties and eligible cases include disputes regarding the purchase or sale of goods or services up to $10,000. Cases meeting these criteria will automatically be referred to the program and then be screened for eligibility. If eligible, parties will have the opportunity to negotiate through the platform to resolve their dispute.

New York’s new program uses the Matterhorn platform and is free for parties. In a press release for the program, the court indicates that the new ODR platform will lead parties through an “automated double-blind bidding process, in which each party makes an offer that may only be disclosed after both offers match [and] depending on the outcome.” In this helpful video, the court explains what this process looks like in practice. As the video explains, once on the platform, both parties will be invited to submit a proposed settlement amount. In the example from the video, if one party submits a settlement amount for $800 and the other party presents a settlement amount for $200, then the program will use the overlap between these two amounts and split the difference in half (ex: $500). From there, the platform will present this amount to the parties as a proposed solution. If the parties are able to agree to the proposed amount, the platform will then guide the parties through negotiating the other terms of the settlement.

In the event parties are unable to reach an agreement, the ODR platform will then present several other resolution options to the parties. First, the platform will give parties the opportunity to communicate with each other through a chat interface to see if they are able to reach a settlement. Second, if the parties are still unable to reach agreement, they will be given the option to work with a mediator. Finally, if the parties do not want to proceed with chat and mediation, or were unable to reach an agreement in mediation, parties will then have the option to proceed to court. For additional information about the program, visit the program’s website or contact the Civil Court of the City of New York by phone at 646-386-5484.

Upcoming ADR Events from New York Law School

Nicole Wilmet, February 5th, 2021

This month, New York Law School will continue its Wednesday Conversation series. These events are free to attend, available online and feature in-depth conversations with a variety of leading experts in the ADR field. The first February event will take place on  February 10, 2021 at 1pm EST and will feature a conversation with Eileen Carroll, a British mediator with over 20 years of experience as a full time practitioner. The second event, on February 24, 2021 at 1PM EST, will feature a discussion with Colin Rule, a leading expert in the field of online dispute resolution and the CEO of Mediate.com. 

New to RSI’s Resource Center

Nicole Wilmet, February 3rd, 2021

Did you know that RSI’s Resource Center is the most comprehensive and respected source of information on court ADR anywhere? Housed within the Resource Center is the Research Library, which has an extensive annotated collection of court ADR resources such as articles, studies, court rules, statutes and court forms. 

RSI’s Resource Center Director Nicole Wilmet regularly adds new resources to the Research Library. The following list highlights a few of the resources that have recently been added. 

We hope these resources are helpful in your work!

Idaho’s Pilot Eviction Mediation Program Shows Early Signs of Success

Nicole Wilmet, January 29th, 2021

As a result of COVID-19, Idaho’s Canyon County, like many counties across the United States, is facing an increase in eviction cases. After seeing success with mediation programs in two other nearby counties (Ada and Idaho Falls), Canyon County launched its own pilot eviction mediation program for landlords and tenants this past November. This new program offers landlords and tenants the opportunity to potentially avoid the unknowns that can arise during eviction hearings or trials. For landlords, one of the greatest unknowns of an eviction trial may be the significant loss in back rent payment. For tenants, a trial may result in the fear of losing a home and having a permanent eviction judgment on their record – which may make it difficult to find other housing in the future. As a result, with this eviction mediation program, landlords and tenants in Canyon County now have the opportunity to address these unknowns directly and craft their own alternative solutions for their case.

Since the Canyon County program’s launch in November, 38 eviction cases have been scheduled for a hearing and each case has agreed to try the court’s new mediation program. Recent reports indicate that during the mediations, most renters are agreeing to “[pay] some money in a specified amount of time.” If tenants are able to uphold that agreement, “then at the review hearing their case is dismissed.” Of these 38 cases, recent news outlets further report that only “18% of tenants did not uphold the bargain and evictions were entered” and “only 5%, or two cases, did not reach [any type of] a resolution” during mediation. In the same report, Third District Judge Susan Clark shared that the mediators for the program are hired on a contract basis and, currently, the estimated cost to the county for the program is $150 per case. 

Happy Holidays from RSI!

Nicole Wilmet, December 23rd, 2020

From all of us here at RSI, we wish you and yours a happy and healthy upcoming holiday season! Please note that this year, RSI’s offices will be closed on Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day. We look forward to continuing to serve communities and courts in 2021!