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Archive for the ‘Policy-making’ Category

Access to Justice and ADR: What Is Needed for Parties to Experience Justice

Jennifer Shack, November 25th, 2015

It seems that a conversation is starting up between Richard Zorza on his blog and RSI’s Director of Foreclosure Mediation Hanna Kaufman about 100% access to justice and ADR. Hanna will be returning with a series of three posts that will focus on how we are addressing access to justice in our own foreclosure mediation programs, so I decided to chime in with a big-picture response.

The conversation has its origins in Resolution 5 of the Conference of Chief Justices, which sets a goal of 100% access to justice for essential civil legal needs and encourages each state to develop a strategic plan to get there. In his latest post, Zorza suggests that as part of this effort, ADR system design focus on triage, consent, the role of the neutral, the use of nonlawyers and outcome measures. I agree with most of these, and see in them the need to fully integrate ADR into the Chiefs’ efforts to achieve 100% access. (more…)

Turning Arbitration into a Political Football

Susan M. Yates, November 6th, 2015

Did you read the three articles on arbitration The New York Times published on October 31, November 1 and November 2? They tell a series of horror stories about arbitrations in employment, consumer and religious settings. I was sorely disappointed by them because they continued the trend to politicize arbitration.

This trend toward treating arbitration as political football didn’t just start last week in the Times. For some time now, one side has painted arbitration as bad for consumers because it limits class actions. They contend that class actions tackle the small issues that no individual would litigate. They say they help keep big corporations honest. Another side has said arbitration is good for consumers because it is less expensive and more accessible than litigation. They contend that class actions are bad for consumers because when class action litigation settles, the consumers may receive small gift certificates while the lawyers get big legal fees. See, for example, this article by the US Chamber of Commerce Institute for Legal Reform in response to the Times articles.

Here’s the thing: arbitration is not the problem. (more…)

CA Confidential: How The Latest Challenges to California’s Evidence Code Undermine Mediation

Eric Slepak-Cherney, November 3rd, 2015

In the world of ADR news, California’s mediation confidentiality provisions are achieving “Kardashian”-like levels of fame at the moment, with a comparable amount of dramatic fireworks to boot. Since 1993, California has included in its Evidence Code provisions which guarantee mediation confidentiality and greatly limit the discovery and admission of evidence procured from mediations. However, between an initiative to rewrite the California Evidence Code and a recent decision in Delaware’s influential Court of Chancery, these protections face a challenge, one that threatens to jeopardize the reliability of mediation as a viable dispute resolution process in the Golden State. (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…)

Big News in Court ADR — A Look Back at 2014

Mary Novak, December 18th, 2014

Our monthly e-newsletter Court ADR Connection has updates on RSI’s activities, cutting-edge ADR research, and the latest court ADR news from across the country. As we wind down 2014, I thought it might be fun to take a look at a few of the most significant news stories we reported on this year.

Detroit Bankruptcy Mediated in “Grand Bargain”

The most-watched court ADR news story of 2014 may have been the mediated settlement that resolved the City of Detroit’s municipal bankruptcy. Without doubt, this riveting drama of competing interests coming together to form a “Grand Bargain” will be studied and discussed for years to come. We reported on facets of this story a few times, both here in our blog and in our newsletter: (more…)