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Just Court ADR

The blog of Resolution Systems Institute

Archive for the ‘Program Design’ Category

Special Masters in the News

Susan M. Yates, April 16th, 2018

It’s not every morning that a court ADR mechanism is mentioned in a top news story, but there it was this morning. The idea of a special master was raised in a discussion of options for the court when it comes to deciding what is inside and outside the bounds of attorney-client privilege in the case of Michael Cohen, President Trump’s personal lawyer, whose home, office and hotel room were the subject of a recent search warrant.

The intricacies of “clean teams” and “dirty teams” are far outside my knowledge base, but “special master” is something I understand. RSI defines it in our Court ADR Basics,  “… special masters, are appointed by the court, not the parties, to ensure that a court order is being followed.” For more in-depth information about how the federal court operates in terms of special masters, you might want to check out the Federal Rules of Civil Procedure, Rule 53, Masters, which includes extensive notes on the 2003 amendments to Rule 53.

Whether or not the court decides to name a special master in this situation, as a self-professed court ADR nerd, the fact that it is part of the public discussion was a cool way to start the week.

Do Android Mediators Dream of Electric Agreements?

Eric Slepak, January 30th, 2018

With the new year being still fresh enough that some of us, and hopefully not just me, continue to write 2017 on their checks, the future is at the forefront of many of our minds. Whether we’re setting ambitious goals for the year to come, or just looking forward to putting the previous year behind us, I think it’s pretty natural for us to spend this time of year fixated on the road ahead. For me, this has translated into thinking a lot about the cutting edge of the ADR field: Online Dispute Resolution, or ODR. (more…)

Mediation Shouldn’t Be More of a Barrier Than a Boon

Susan M. Yates, March 17th, 2017

When it comes to defining mediation, I am not a strict constructionist. As long as a mediation program operates within the ethical boundaries, such as confidentiality, neutrality and voluntariness, which are articulated in the Model Standards of Conduct for Mediators, I can agree with a wide variety of approaches.

Unfortunately, sometimes certain entities (e.g., courts, governments, schools, corporations) seem to use the word “mediation” as cover to make a process that is not really mediation appear more palatable. It is worse yet when the purpose of the program appears to be to create a set of hurdles. One of my core principles in mediation system design is that a mediation program should ease the path to resolution, not erect barriers to it.

A program being developed by the City of Concord, California, to address rising rental rates is looks like the latest example of breaking this principle. (more…)

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.

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Child Protection Perspectives: Initiating the Conversation

Eric Slepak, April 15th, 2016

As April is National Child Abuse Prevention Month, we at RSI wanted to shine some attention on the work we are doing related to the development of the new Child Protection Mediation Program in the Sixteenth Judicial Circuit Court of Kane County, Illinois, as well as the other work RSI has done in using court ADR as a tool to address the issues of child abuse and neglect.

While our work at RSI is often about data, when it comes to child protection (a term which is meant to capture the broad array of cases in which children have been removed from their homes due to abuse and neglect), it is hard not to talk about the personal element.  Prior to joining RSI, much of my work had been as an advocate at the intersections of special education, juvenile justice and the child welfare and foster systems. These seemingly independent worlds actually collide frequently, and illustrate some of the many complexities involved in handling cases of child abuse and neglect. (more…)