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Just Court ADR

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Archive for the ‘Court ADR Across the U.S.’ Category

What You Need to Know in Order to Know More About Your Program

Jennifer Shack, June 1st, 2021

I thought I’d do something a little different this month and point out a few resources to those of you who are interested in either starting to examine your ADR programs or are thinking about how to expand or improve current efforts to evaluate program effectiveness. 

Demographics

There has been a push lately to have courts collect demographic information from parties, particularly race and ethnicity, so that courts can better understand and address inequities in service provision. In that vein, the National Center for State Courts has published “Collecting Race and Ethnicity Data.” This is a short report that provides helpful information on the standards for collecting such information, things to think about when planning to collect it and how you may want to customize race and ethnicity categories to best fit the community you serve. 

Model Surveys

Demographics are also included in the Model Surveys created by RSI and the American Bar Association Section of Dispute Resolution. But that’s only one part of what you’ll find in our packet. The Model Surveys include questions you should ask on any mediation program survey, as well as instructions about how to customize the surveys for your particular program.

Guide to Program Success

If you’re looking for more extensive information on how to monitor and evaluate your program, RSI has included two chapters in our Guide to Program Success that step you through tracking your program and conducting evaluations. In Chapter 11, “Design a System to Track Your Program,” you’ll learn how to decide what to track, what data will be needed from what sources in order to do so, and more.  Chapter 15, “Evaluate Your Program,” dives into everything you need to know about how to do a full program evaluation.

In the Wake of COVID-19, Hawaii Legislature Passes Bill Requiring Mediation Before Eviction

Nicole Wilmet, May 28th, 2021

In April, the Hawaii legislature passed legislation to amend the state’s landlord-tenant code in the wake of COVID-19. The new legislation encourages the use of alternative dispute resolution (ADR) and modifies the landlord-tenant code in a few ways by: 

  1. Extending the deadline in notices of termination of a rental agreement from five days to fifteen days to allow time for mediation;
  2. Requiring landlords to provide a copy of the termination of a rental agreement which they serve to tenants to a mediation center that provides free landlord-tenant mediation; and  
  3. Requiring landlords to delay filing an action for repossession during the fifteen days after providing notice to the tenant to allow the tenant time to agree to or attempt to schedule a mediation.

The bill also implements several restrictions on when a landlord can exercise different remedies depending on the amount of back rent that is due and the timing in relation to the governor’s eviction moratorium. Finally, the bill notes that these amendments will be repealed one year after the governor’s final eviction moratorium expires, or on December 31, 2022, whichever is sooner.  Currently, the bill is awaiting signature from the governor. 

Announcing RSI’s National Eviction ADR Project

Eric Slepak-Cherney, May 27th, 2021

Last year, the COVID-19 pandemic profoundly impacted American society in ways that are still playing out. The fallout from a public health standpoint was tremendous and its consequences rippled into almost every aspect of society. Chief among the impacts was significant economic contraction, as  a staggering number of individuals suffered reduced or lost income as a consequence of layoffs, reduced hours, contracting the virus, or caring for loved ones who had.

Unable to afford their monthly rent, tens of millions of Americans have found themselves at risk of eviction. The United States Department of Housing and Urban Development and Centers for Disease Control instituted moratoriums on eviction, though each had some gaps. (The CDC moratorium has been vacated by a federal ruling. As of the writing of this blog post, that decision is being appealed and the moratorium remains in place for now).

Along with these federal protections, many states and localities enacted their own, generally more comprehensive, moratoriums. Approximately one-third of states still have an eviction moratorium on the books. However, for other jurisdictions, eviction proceedings not precluded by federal moratorium have resumed, and courts in jurisdictions where there are state or local moratoriums are expecting a significant surge of cases when those are lifted.

To address this uptick in cases, many courts are turning to mediation and other forms of alternative dispute resolution. Subscribers to our monthly newsletter, The Court ADR Connection, are no doubt aware of various programs that have arisen in recent months. We have been diligently trying to capture and report on these efforts in an attempt to provide our core audience of court ADR professionals with information about how others are navigating this unprecedented situation.

To that end, we are excited to announce our new eviction ADR resource sharing project. Thanks to the generous funding of the American Arbitration Association-International Centre for Dispute Resolution Foundation, RSI will be able to share resources, guidance and our expertise with a national audience. In the coming weeks and months, we will be rolling out a series of resources we hope will help inform and mobilize the field to more effectively serve disputants and hopefully assist landlords and tenants in avoiding eviction.

These resources include our Eviction Mediation Special Topic, which will share program development insights; house sample documents like court rules, surveys and mediation notices; and even include a living database in which we have been collecting data on known eviction ADR programs nationwide. We also will be publishing a monthly blog series on our experiences developing a new mediation program based in Kane County, Illinois and collaborating with others across the country on eviction ADR. Finally, we will also conduct a comprehensive evaluation of the Kane County program’s first year, and publish it on our site, alongside smaller reports about the program’s implementation and quarterly progress, to contribute to the existing body of knowledge regarding ADR’s efficacy in resolving these disputes.

The Covid-19 crisis was unexpected, but now many courts are expecting or already experiencing eviction crises. To help court ADR programs meet these challenges, RSI is providing a robust mix of expertise, data, analysis and research, as well as sample forms, rules, videos and websites.We are grateful to the AAA-ICDR Foundation for enabling us to do this work. 

Last year, the COVID-19 pandemic profoundly impacted American society in ways that are still playing out. The fallout from a public health standpoint was tremendous and its consequences rippled into almost every aspect of society. Chief among the impacts was significant economic contraction, as  a staggering number of individuals suffered reduced or lost income as a consequence of layoffs, reduced hours, contracting the virus, or caring for loved ones who had.

Unable to afford their monthly rent, tens of millions of Americans have found themselves at risk of eviction. The United States Department of Housing and Urban Development and Centers for Disease Control instituted moratoriums on eviction, though each had some gaps. (The CDC moratorium has been vacated by a federal ruling. As of the writing of this blog post, that decision is being appealed and the moratorium remains in place for now).

Along with these federal protections, many states and localities enacted their own, generally more comprehensive, moratoriums. Approximately one-third of states still have an eviction moratorium on the books. However, for other jurisdictions, eviction proceedings not precluded by federal moratorium have resumed, and courts in jurisdictions where there are state or local moratoriums are expecting a significant surge of cases when those are lifted.

To address this uptick in cases, many courts are turning to mediation and other forms of alternative dispute resolution. Subscribers to our monthly newsletter, The Court ADR Connection, are no doubt aware of various programs that have arisen in recent months. We have been diligently trying to capture and report on these efforts in an attempt to provide our core audience of court ADR professionals with information about how others are navigating this unprecedented situation.

To that end, we are excited to announce our new eviction ADR resource sharing project. Thanks to the generous funding of the American Arbitration Association-International Centre for Dispute Resolution Foundation, RSI will be able to share resources, guidance and our expertise with a national audience. In the coming weeks and months, we will be rolling out a series of resources we hope will help inform and mobilize the field to more effectively serve disputants and hopefully assist landlords and tenants in avoiding eviction.

These resources include our Eviction Mediation Special Topic, which will share program development insights; house sample documents like court rules, surveys and mediation notices; and even include a living database in which we have been collecting data on known eviction ADR programs nationwide. We also will be publishing a monthly blog series on our experiences developing a new mediation program based in Kane County, Illinois and collaborating with others across the country on eviction ADR. Finally, we will also conduct a comprehensive evaluation of the Kane County program’s first year, and publish it on our site, alongside smaller reports about the program’s implementation and quarterly progress, to contribute to the existing body of knowledge regarding ADR’s efficacy in resolving these disputes.

The Covid-19 crisis was unexpected, but now many courts are expecting or already experiencing eviction crises. To help court ADR programs meet these challenges, RSI is providing a robust mix of expertise, data, analysis and research, as well as sample forms, rules, videos and websites.We are grateful to the AAA-ICDR Foundation for enabling us to do this work. 

To stay up to date with all these efforts, and the other work RSI is doing, please make sure you are subscribed to our newsletter. We also welcome our court ADR colleagues to reach out to us with information about your eviction ADR programs.

Illinois Supreme Court Issues Order Encouraging Use of ADR for Evictions

Nicole Wilmet, March 30th, 2021

For months, the U.S. has been preparing for an anticipated wave of evictions and foreclosures due to COVID-19. A recent report from the Consumer Financial Protection Bureau (“CFPB”) suggests that the amount of potential foreclosures and evictions the U.S. is facing is at a level that hasn’t been seen since the height of the Great Recession in 2010. In the report, the CFPB notes that, as of December 2020, 11 million U.S. renters and homeowners are significantly overdue on their regularly housing payments and are at risk of foreclosure or eviction. 

As I have previously reported, courts across the country have been preparing for this wave of evictions by exploring using alternative dispute resolution (ADR) for eviction cases. In February, the Illinois Supreme Court issued an Order that authorizes and encourages Illinois courts to use ADR for eviction cases and establish Eviction Early Resolution Programs. The Order leaves room for courts to choose whether their programs will be voluntary or mandatory and select the type of ADR that their program will use. Additionally, the Order encourages circuits to allow parties meaningful opportunities to access various counseling services such as financial, housing and relocation services. Additionally, the Order encourages court programs to provide opportunities for unrepresented parties to obtain legal information or representation. To aid courts in developing their eviction programs, the Court highlights a collection of program resources that includes samples of Eviction Early Resolution Programs from both within Illinois and in other states (including Michigan and Texas). 

RSI Receives Eviction Mediation Grant

Susan M. Yates, March 29th, 2021

The Illinois Equal Justice Foundation recently awarded RSI a grant of more than $30,000 to help support RSI’s eviction mediation program in Kane County, Illinois, and our outreach to 14 Illinois judicial circuits, encompassing 39 counties, in central and northern Illinois. For both aspects of this grant, RSI will draw on our decades of experience designing and evaluating court mediation programs.

RSI has been working closely with the court and stakeholders in Kane County since last year in preparation for an expected influx of eviction cases when moratoriums expire. During the grant period, which runs from March 15, 2021 through June 30, 2021, we will reach out to other courts about their interest in eviction mediation, and offer technical assistance to help design programs as needed. 

If you live or work in a northern or central Illinois county and are interested in eviction mediation in your community, please reach out to RSI at info@aboutRSI.org