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

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. 

Illinois’ Cook County Launches New Legal Aid Program for Housing and Debt Cases

Nicole Wilmet, December 17th, 2020

Illinois’ Cook County has launched a new initiative aimed at helping resolve eviction, foreclosure, debt, and tax deed issues. The initiative, entitled Cook County Legal Aid for Housing and Debt (“CCLAHD”), provides Cook County residents and landlords access to legal assistance, counseling, case management and mediation services. The CCLAHD initiative comes as a result of a partnership between the County, Cook County Circuit Court, the Chicago Bar Foundation and a variety of community partners including Coordinated Advice & Referral Program for Legal Services (“CARPLS”), the Center for Conflict Resolution, Center for Disability and Elder Law, Chicago Volunteer Legal Services, Greater Chicago Legal Clinic, Lawyers’ Committee for Better Housing, Legal Aid Chicago and Legal Aid Society. 

The new CCLAHD initiative is currently operating its first program, the Early Resolution Program (“ERP”) and expects to start several more. Under the ERP, pro bono services will be offered to Cook County residents without legal representation including (1) tenants facing eviction, (2) landlords dealing with an eviction, (3) debtors being sued for unpaid debts, (4) creditors suing on the basis of unpaid debts and (5) residents who have defaulted on property tax payments or mortgage foreclosure payments. News outlets report that Cook County Board President Toni Preckwinkle has indicated that there will also be a tax deed specific program that will launch sometime in 2021. Those interested in learning more about the ERP or volunteering may visit the CCLAHD website. 

Delaware Begins Using ODR to Work Through a Backlog of Landlord/Tenant Cases

Nicole Wilmet, November 24th, 2020

As a result of COVID-19 and various moratoriums on evictions, Delaware’s Justice of the Peace Court is facing a backlog of landlord/tenant cases. In an effort to address this backlog, the Court recently announced that on November 2, 2020, all landlord/tenant cases filed on or after July 1, 2020, would be automatically referred to a new online dispute resolution (ODR) program. Delaware’s new ODR program operates on the Matterhorn platform and is free for parties. Participation in the ODR program is mandatory, provided the parties have an active email address, have access to the internet and are at least 18 years old. 

Through the ODR platform, parties will be able to review and respond to messages from the other party at their own convenience. The goal is for parties to utilize the ODR platform and find ways to resolve their disputes on their own. However, parties will have the option to access a mediator in the event that either (1) the parties are unable to reach an agreement on their own or (2) the parties do reach an agreement on their own but prefer to have a mediator prepare their agreement. In a Frequently Asked Questions resource from the Court, the Court notes that the mediators for the program are either specially trained Justice of the Peace Court Judges or members of the Delaware Bar Alternative Dispute Resolution section. 

In an effort to further assist parties, the Court has created ODR “How to” registration videos for landlords and for tenants. Those interested in additional information on the program may visit the Court’s website

Eviction Mediation in St. Louis Significantly Reduces Evictions

Jennifer Shack, November 23rd, 2020

As the eviction crisis looms, a number of courts around the country are implementing mediation programs. Data collected from a decade-old program in St. Louis County provide more evidence that these new programs are likely going to be effective. Mediation there was found to have a positive effect on outcomes and compliance, helping both landlords and tenants to maintain stability in income and housing. 

In a recent article, “Addressing the Housing Crisis Through Mediation” (Washington University Journal of Law and Policy, 2020), Karen Tokarz, et al, discuss how the program works and the benefits that have accrued to participants. The Washington University School of Law Civil Rights & Mediation Clinic developed the program in partnership with Metropolitan St. Louis Equal Housing and Opportunity Council more than a decade ago. In 2012, mediators affiliated with United States Arbitration & Mediation joined clinic students in providing free mediation services for landlord-tenant cases in which neither side has a lawyer. Originally opt-in, the program was made opt-out in 2018. 

The mediators for the program – lawyers and students alike – attend a training that includes an overview of housing law in St. Louis County, mediator ethics, mediation strategies and agreement drafting. The mediators must observe at least two mediations, co-mediate at least two mediations, and be shadowed for at least two mediations before they begin mediating independently. Mediations are conducted on the first court date for the case, which is generally the trial date.

The program uses two agreement forms that are completed as a part of each mediation agreement. The first, the conditional continuance, lays out the settlement terms. This document continues the case while the parties comply with the terms and notes that if the terms are satisfied, the case will be dismissed. It also notes that if a party breaches the terms of the agreement, the other party may file a consent judgment. The consent judgment is the second form that is completed during the mediation.  It typically grants possession and the full rent owed to the landlord. Should the case come back before the judge to sign the consent judgment, the judge uses both documents to determine whether to do so. The judge may decline to sign if, for example, the landlord has not made repairs agreed to in the conditional continuance. 

The program has been successful. In 2018, 71% of mediated cases resulted in a settlement. The terms of more than half of these agreements were completed, resulting in a dismissal. One-third of agreements resulted in a consent judgment for eviction against the tenant and 25% resulted in the sheriff executing the judgment through forcible removal of the tenant. Cases that went to trial, on the other hand, were significantly more likely to end in eviction. Consent judgments were entered against tenants in 92% of these cases and resulted in forcible removal in 40%. The authors extrapolate from that data that 279 families avoided eviction in 2018 by settling in mediation and completing the terms of their agreement rather than going to trial. It must be noted, however, that the two groups of cases – those that mediated and those that did not – are not similar. Mediated cases, as mentioned above, were limited to those in which neither side had an attorney. Those cases that went to trial included those in which at least one party (generally the landlord) had an attorney. 

The authors note that the impact of the eviction mediation program is limited due to its focus on cases in which neither party is represented and the day-of-trial mediation format. Further, growth is difficult due to the limited number of mediators available. They point to four directions the program can take to widen its impact. The first direction is to offer mediation prior to the first court date, or even before the eviction is filed. This would require greater outreach to landlords, tenants and government agencies to ensure that landlords are on board, tenants know about the program and agencies can urge its use. The second direction is to fund the program so that it can be sustained at a broader scale. Third, the program could be expanded to Municipal Court, where housing and building code enforcements are handled. Landlords and tenants are often unrepresented in this court and mediation in this context could lead to housing improvements and stability. The fourth direction would be to adopt online dispute resolution, allowing mediations to occur during the pandemic.  

The St. Louis County eviction mediation program is one of many recent programs that have been implemented around the country. The data indicating its effectiveness adds to the increasing evidence that such programs are successful at reducing evictions, thus providing stability to landlords, tenants and communities. 

Recently Added Resources to RSI’s Research Library

Nicole Wilmet, November 4th, 2020

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.

Each month I review and add new resources to the Research Library. The following list highlights a few of the resources that have recently been added.

I hope these resources are helpful to you in your work!