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Archive for the ‘Court Mediation Program’ Category

Ohio’s Portage County Launches the Nation’s First ODR Program for Foreclosure Mediation

Nicole Wilmet, November 25th, 2019

On November 18, 2019, Ohio’s Portage County launched the country’s first foreclosure mediation online dispute resolution (ODR) program. The program, developed under the guidance of Portage County Common Pleas Court Judge Laurie J. Pittman, uses Court Innovations’ Matterhorn software. A press release for the program indicates that one of the goals of the program is to make the process more accessible to the public by allowing parties to work on their cases remotely. The program’s mediator Benito Antognoli explains that prior to the launch of the online program, the first in-person mediation session between borrowers and lenders often only lasted about 20-30 minutes and required the parties to attend subsequent mediations. Most often, the brevity of this first meeting stemmed from borrowers being unable to fully respond to forms from the lender’s attorney since, due to the nature of the forms, they do not have the required documentation with them. As Antognoli highlights, the difficulty of having to make accommodations and find time to attend additional mediations is often a substantial inconvenience for both parties.

However, with the new ODR program, borrowers and lenders are now able to complete this process remotely. As Antognoli describes, once a borrower has opted-in to the program they will receive an email that invites them to the platform. From there, the lender’s attorney will request various documents from the borrower, which the borrower can now submit online at their convenience. Additionally, the online platform also now allows Antognoli to be involved during the entire process and communicate with the parties regularly. Like the in-person program, the entire online process is intended to take about 90 days from start-to-finish. Ultimately, the press release notes that Judge Pittman’s hope is to expand the use of online mediation and offer ODR programs to parties involved in other types of civil disputes.

Those interested in learning more about the program or accessing the court’s press release, should please contact Antognoli at 330-298-3233.

Victim Youth Conferencing Program in Nebraska Showing Promise

Jennifer Shack, July 22nd, 2019

A statewide victim youth conferencing (VYC) program in Nebraska has proven to be successful at promoting participant satisfaction, attaining reparations agreements and ensuring youth fulfillment of those agreements. The program was launched in March 2015 as a pilot in three jurisdictions covering four counties and was expanded statewide in January 2018. Services are provided by Nebraska Office of Dispute Resolution-approved mediation centers. Referrals to the program came at three stages: pre-court referrals from the County Attorneys’ offices after a school-based incident, court diversion referrals from the County Attorney and Courts pre-adjudication, and referrals from the court post-adjudication.

The evaluation of the VYC program looked at the program’s goals to determine whether they were being met, as well as other aspects of the program, including who was served by the program and how the process was working in each of the centers providing the services. In terms of outcomes, the program had the following goals: 95% of conferences will end with a reparations agreement, 95% of agreements will be fulfilled and 97% of participants will report being satisfied with the process. The program exceeded the first goal and came within a percentage point or two of attaining the other two goals. All conferences held ended with a reparations agreement. Youth completed 94.2% of those agreements and partially completed 5.8% of them. Ninety-five percent of participants were satisfied with the process.

In addition to being satisfied with the process, 89% of participating youth and 70% of participating victims believed that the VYC made the justice system more responsive to their needs. Further, 94% of victims agreed that it was helpful to talk directly with the person who was responsible for the harm, and 77% of victims said that meeting that person reduced any fear that he/she would commit another crime against them. The youth held similar opinions: 88% said it was helpful to talk directly with the victim and 94% said that after the meeting they had a better understanding of the full impact of the crime on others.

The program also had longer-term goals of reducing recidivism, “closing the gap in disproportionate minority contact with courts,” increasing safety in communities and sustaining capacity for VYC statewide. The program’s effect on recidivism proved hard to assess. The evaluator found that the 38 youth who participated in the initial pilot, 16% recidivated in the succeeding 12 months, compared to 24% of the 17 youth who did not. However, the data was insufficient and unreliable, so she did not determine that participation in the program caused the reduction in recidivism. The hope is that later evaluations can address this, as well as the other goals mentioned above.

New Mediator Self-Reflection Tool

Susan M. Yates, January 9th, 2019

The Supreme Court of Virginia has developed a wonderful new self-reflection form for mediators. While the Court developed this tool for their certified mediators as part of their re-certification process, it is a valuable tool for any mediator (just ignore the instructions about continuing mediator education credits). There is a lot of content, so if you are using this on your own you will probably want to pick and choose among the questions. This new tool coordinates with Virginia’s excellent Mediator Self-Reflection Treasury.

Even though mediators work very closely with people when we mediate, typically no one else in the room shares our mediator perspective. There are exceptions, such as co-mediation or when we are observed by new mediators, but mediation can be an isolated activity (made especially so by the limits of confidentiality). This isolation makes self-reflection particularly important.

I can imagine many uses for these tools beyond self-reflection. A group of mediators could pick a few of the questions to discuss over lunch. For co-mediators, the tools could aid their debriefing. The forms might help a new court or community mediation program get clear about what they expect from mediators. The tools will probably spark other ideas when you read them.

Many thanks to the good people of the Supreme Court of Virginia for taking the time to produce and share these tools. They are a real gift to the mediation community.

Utah Small Claims Court Launches New Online Dispute Resolution Pilot Program

Nicole Wilmet, December 3rd, 2018

In September, the Utah Supreme Court initiated an online dispute resolution (“ODR”) pilot program. The pilot program, which is housed at Utah’s West Valley City Justice Court, handles the court’s small claims cases. In its standing order announcing the program, the Utah Supreme Court says it believes that the new pilot program “will increase the participation rate of parties, assist the parties in resolving their disputes, and improve the quality and presentation of evidence at trial in those matters that cannot be resolved.”

Under the new program, plaintiffs must now either register for the court’s new ODR system within seven days of filing their claim or file a request for exemption from ODR. After being served with a claim, defendants will have fourteen days to either register for an ODR account or seek an exemption from participating in ODR. Parties will only be excused from participating in the ODR program for undue hardships. The court notes that undue hardships exist when parties are unable to access the online system without substantial difficulty or expense.

Parties utilizing the ODR system will work with a facilitator who will guide the parties through the ODR process and assist them in reaching a settlement. Facilitators will inform the parties of the process to be followed, the types of communications that parties may use, and establish timelines for the parties. Additionally, facilitators may request that the parties provide information and evidence about the merits of the case, their ability to pay, responses to the other party’s information, and their position on any proposed resolution of the plaintiff’s claim. Facilitators are also able to communicate privately with any party, at any time, for the purposes of facilitating a resolution.

Should the parties reach a settlement, they then may request their facilitator to prepare their online settlement agreement form, which will detail the terms of their agreement. Once completed, the court will enter the judgement. In the event that the parties are unable to reach a settlement, the facilitator will notify the court and the court will schedule a trial date for the parties. More information about the pilot program, including access to the court’s forms, may be found here.

Introducing the Community Mediation Special Topic

Nicole Wilmet, October 26th, 2018

We are pleased to introduce a new special topic on community mediation to AboutRSI.org! Written in collaboration with the National Association for Community Mediation, our latest special topic takes an in-depth look at community mediation.

Inside the special topic you will find everything you need to know about community mediation including the basics, the relationship between courts and community mediation centers, and how tracking and evaluating mediation can help community mediation centers. Additionally, our community mediation special topic offers a compilation of exemplary studies on the effectiveness of community mediation, other processes that centers use, and information that can help centers to better address issues surrounding the provision of services.

We hope you enjoy this new resource as much as we do!