Resources / Study / Innovation for Court ADR

Just Court ADR

The blog of Resolution Systems Institute

Archive for the ‘People & Events’ Category

“Uniform Family Law Arbitration Act” Update

Susan M. Yates, October 17th, 2016

The Uniform Family Law Arbitration Act has been finalized by the Uniform Law Commission and the full version with commentary is now available. You can find the final version of the act and other information on it here.

If you want to learn more about the act, the American Bar Association Family Law Litigation Committee is sponsoring a telephonic “roundtable” about it on November 4, at 12:00 pm – 1:00 pm Eastern. The roundtable is free and open to anyone, including non-ABA members, but you have to register for it using the following link: https://form.jotform.com/62504543364150.

The speakers for the roundtable have all been deeply involved in the creation of the model act. They include Barbara A. Atwood, Chair of the Family Law Arbitration Drafting Committee, Uniform Law Commission; Kaitlin A. Dohse, Legislative Counsel, Uniform Law Commission; and Linda H. Elrod, Reporter for the Family Law Arbitration Drafting Committee, Uniform Law Commission.

The Uniform Law Commission describes the need for the act and its intended results as follows: “States’ laws vary when it comes to arbitrating family law matters such as spousal support, division of property, child custody, and child support. The Uniform Family Law Arbitration Act standardizes the arbitration of family law. It is based in part on the Revised Uniform Arbitration Act, though it departs from the RUAA in areas in which family law arbitration differs from commercial arbitration, such as: standards for arbitration of child custody and child support; arbitrator qualifications and powers; protections for victims of domestic violence. This Act is intended to create a comprehensive family law arbitration system for the states.”

Designing Access Part Three: Transitions, Continuity and Communication

Hanna Kaufman, August 19th, 2016

Welcome to the final blog post in a series showcasing how RSI uses our expertise in dispute system design to improve access to justice in the three foreclosure mediation programs we administer. If you’re wondering how this series came to be, check out my introduction to the series, as well as the posts highlighting our work in the 19th and 17th Judicial Circuits of Illinois.

This last post will look a little bit different than I anticipated, in large part because it will also be my final post as RSI’s Director of ADR Programs before I take on a new position as Counsel for Innovation and Technology at the Lawyers Trust Fund of Illinois. In my upcoming role, I will continue to work to promote access to justice, this time focusing on using technology and process improvement in the legal aid context. As you might imagine, transitions and continuity have been on my mind quite a lot, especially because of how close RSI’s programs are to my heart and how passionately I feel about their ongoing success.

At RSI, we think carefully about transitions and work hard to promote continuity during times of change. Current Resource Center Director Eric Slepak will begin his tenure as Director of ADR Programs after I leave today, and the two of us have been working closely together over the past two months to minimize the impact of this transition on our programs. RSI is lucky to have Eric, and I know the programs at RSI will be in great hands.

(more…)

Fresh Eyes and Bruce Springsteen

Hanna Kaufman, October 15th, 2015

I am in my third month now serving as Director of Foreclosure Mediation for RSI. When I visit our foreclosure mediation programs in Rockford, Geneva and Waukegan now, I get to greet people with “great to see you again” instead of “nice to meet you.” There is a natural sense of relief in knowing which exit to take off of the I-90 to get to Rockford or which side of the train tracks to board to get to Chicago from Waukegan. I remain surprised, however, at how quickly our brains adjust to and anticipate routines and processes after we’ve done something even once before.

This feeling of settling in has clear value for those of us involved in mediation, but it poses risks as well. As experts in our respective roles, we need to remember that not all parties to the process have experienced before what they are now going through. Whether we are mediators delivering our opening statements or program staff people explaining the mediation process, it is important to remember that at least some members of our audience are likely hearing the words we’re saying for the first time. (more…)

Getting to Know You

Eric Slepak-Cherney, August 19th, 2015

Prior to becoming the new Resource Center Director for Resolution Systems Institute last month, I was informed (warned?) that this role was one that required versatility. As with most undertakings in life, there was no way to truly comprehend what that disclaimer meant until I had plunged full speed into this role. Just over a month in, my CV can now include drafting press releases to help promote RSI’s Attorney General-funded Illinois Foreclosure Mediation Programs, proposing long-term strategies for the growth of our CourtADR.org Resource Center and researching avenues of development and fundraising to continue RSI’s efforts in administering court ADR programs. Had you tasked Franz Kafka to write my job description, he would have resigned in protest, claiming, “It’s too abstract!” (more…)

Canada’s First Online Tribunal Getting Ready to Launch

Shawn Davis, April 10th, 2015

In 2012, British Columbia passed the Civil Resolution Tribunal Act, which established a new aspect of BC’s justice system that will provide online dispute resolution services for strata (condominium) and small claims cases. The Civil Resolution Tribunal (CRT) will be Canada’s first online tribunal and is expected to launch later this year. The CRT will take disputants through a series of online tools designed to help resolve the dispute as effectively and efficiently as possible. For example, disputants first will be led through resources designed to provide information and diagnose the problem. The next phase involves part-to-party negotiation through the online system. For parties that are unable to negotiate a settlement on their own, the next phase offers case management and facilitated dispute resolution. Parties still unable to come to an agreement may move to adjudication, where they will be able to ask the tribunal to issue a decision. Because the CRT’s dispute resolution services will be available online, users will be able to access them from home or from a mobile device, 24 hours a day. To further facilitate access to justice, the CRT will allow “helpers” to aid disputants who do not read English or need assistance with technology. The language access already provided by the court will be made available, and the CRT will also employee multilingual staff, when possible, and make telephone interpretation available.

Last month, Bill 19, the Civil Resolution Tribunal Amendment Act, was introduced in the legislature. The amended act would require most strata and many small claims cases to be diverted to the CRT, expanding its authority. (more…)