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Just Court ADR

The blog of Resolution Systems Institute

Archive for the ‘Eviction Mediation’ Category

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

RSI is Seeking an Eviction Mediation Program Coordinator

Just Court ADR, February 25th, 2021

RSI is currently seeking a Program Coordinator for an Eviction Mediation Program in Kane County. RSI is in the process of developing an eviction mediation program to serve landlords and tenants in Kane County, Illinois. We need someone who can help direct parties in need to vital services, keep good records so we can share meaningful data, and generally step up as a team member on a day-to-day basis to provide the highest quality services to those involved in the eviction process.

Applications will be accepted on a rolling basis. Those interested in reading more about the position and applying may learn more here.

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. 

Kane County Prepares for Potential Rise in Evictions

Just Court ADR, January 27th, 2021

This recent article from the Aurora Beacon News features RSI’s Program Manager Kevin Malone and discusses the steps courts and other agencies in Kane County, Illinois are taking to prepare for the expected rise of evictions due to COVID-19.