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Just Court ADR

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Archive for the ‘Online Dispute Resolution’ Category

RSI Receives Irwin Cantor Award and Two New Resources Now Available on AboutRSI.org

Susan M. Yates, June 14th, 2019

Dear Friend of RSI,

We have had a wonderful start to the summer here at RSI! From a trip to Toronto to new updates to AboutRSI.org, I am delighted to share some exciting updates and our latest resources with you!

RSI Receives Irwin Cantor Award

In May, Director of Research Jennifer Shack and I attended the Association of Family and Conciliation Courts’ 56th Annual Conference in Toronto, Canada. While there, RSI was awarded the AFCC’s Irwin Cantor Innovative Program Award. The Irwin Cantor Innovative Program Award was created to recognize innovation in court-connected or court-related programs. All of us at RSI thank the AFCC for this honor and for recognizing the work we are doing. We look forward to continuing to serve the court ADR community!

Jennifer Shack, me, and AFCC Executive Director Peter Salem at the AFCC Conference.

Introducing Our New Online Dispute Resolution Special Topic!

I am excited to introduce our new Online Dispute Resolution (ODR) Special Topic with you! With courts across the country exploring ODR at a rapid pace, our latest special topic provides a thoughtful context and guidance on how court administrators and stakeholders should approach the intersection of technology and dispute resolution. The special topic contains a history of ODR, considerations for courts, and a compilation of helpful resources.

RSI’s Newly Updated Court ADR Across the U.S.

Are you curious about what court ADR looks like across the country? Look no further than our Court ADR Across the U.S. which is the most comprehensive collection of court ADR resources for state courts throughout the country. Our newly updated resource contains the latest court ADR information for each state. Each state page provides an overview of relevant statutes, statewide court ADR rules, policies, evaluations, studies, and articles.

If you enjoy or utilize our resources, please consider making a tax-deductible donation to RSI here. Your donation will be put to work improving access to justice through quality court ADR.

Thank you as always for your support and your interest in our mission of improving access to justice by enhancing court ADR.

Susan M. Yates

Executive Director

Resolution Systems Institute

Arizona Launches ODR Pilot Programs to Handle Family Court Cases

Nicole Wilmet, April 29th, 2019

In August 2018, the Supreme Court of Arizona released an Administrative Order authorizing the Superior Courts in both the Pinal and Yuma Counties to utilize an online dispute resolution (ODR) pilot project for family court cases. Both programs are approved to run for 12 months from the date of their implementation. Last year, the Yuma County program launched their program on December 3, 2018, and the Pinal County program recently launched their program on March 25, 2019. Both programs are free to parties and, in most cases, eliminate the need for parties to go to the courthouse. The decision of which cases are eligible to participate in the program are made by each county’s Conciliation Service Departments (“CSD”). According to the press releases for both programs, when selecting cases to participate in the program, the CSD will consider “the issue to be decided and other factors.”

To learn more about each of these ODR pilot programs, this month I spoke with Nicole LaConte, Court Program Specialist at the Arizona Administrative Office of the Courts. The vendor for both programs is Court Innovations. After the CSD has identified eligible cases for the program, the CSD then uploads the parties’ information into the platform and the platform sends a notice to the parties inviting them to participate. Once a party agrees to participate, a facilitator is assigned to their case. The facilitators for the ODR program are current members of the CSD staff who are trained court mediators. Aside from learning how to utilize the platform, these facilitators are not required to undergo any specific technology training. The platform is designed so that the communication between the parties and the facilitators is asynchronistic, meaning that parties have 24-hour access the ODR platform. As a result, they can upload materials, communicate, and respond to their court facilitator at their convenience. In Pinal, the platform is designed so that the facilitator can speak to only one party at a time and the court is currently working on adding the ability for the facilitator to speak to the parties at the same time. Additionally, in Yuma, the platform was structured so that the Attorney General can also participate if the parties are deciding something that affects child support.

The program was designed for parties to access the service from their own personal computer or mobile device without having to go to the courthouse. Although similar, one notable difference between the two programs is that the Yuma program will be handling only post-decree cases and the Pinal program will be handling both pre-decree and post-decree cases. The goals for both programs is to broaden litigants’ access to the court and reduce the number of court hearings. To evaluate the programs, litigant satisfaction surveys will be sent out and the court will measure the time to disposition as well as the reduction in court hearings. Since both programs are currently in the pilot stage, there is no information about the programs in either county’s court rules. However, additional information about the programs is available at both the Yuma County ODR program website and the Pinal County ODR program website.

Introducing RSI’s Special Topic on Online Dispute Resolution!

Eric Slepak-Cherney, April 26th, 2019

We are excited to introduce our new Special Topic on Online Dispute Resolution (ODR)! With courts across the country exploring ODR at a rapid pace, we sought to develop a resource that would help provide thoughtful context and guidance on how court administrators and stakeholders should approach the intersection of technology and dispute resolution. Containing a history of ODR, considerations for courts and links to other helpful resources, we hope you will find this new content enlightening and will excite you for the future of delivering justice through online dispute resolution.

Connecticut Launches Online Dispute Resolution Program

Nicole Wilmet, January 29th, 2019

This month, Connecticut launched an online dispute resolution pilot program to resolve contract collection cases in the Hartford and New Haven Judicial Districts. This article reports that participation in the program is voluntary and that either party may opt-out of participating within 15 days of referral to the program. In both the notices to plaintiffs and defendants, the court notes that by participating in the program, both parties agree to give up their right to: a jury trial, file an appeal from the court’s decision, and to object to evidence presented by the either party.  

Plaintiffs wishing to participate in the ODR program must include an Online Dispute Resolution Answer Form and an Online Dispute Resolution Notice to Defendant with their complaint. Should both parties agree to participate in the program, the court will then give each side deadlines to exchange evidence and file evidence with the court. The court notes that examples of evidence in these cases include receipts, repair orders, warranties, cancelled checks, etc. Next, parties will be scheduled for a mediation session with a court mediator by video, telephone conference or in person. In the event that the parties are unable to reach an agreement, the court decides the case based on the papers that both parties have filed.  

Additional information about Connecticut’s new ODR program may be found on the court’s site or by emailing ODR@jud.ct.gov 

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.