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Archive for the ‘Program Design’ Category

Designing Access Part Two: “Dynamic Triage” in RSI’s Foreclosure Mediation Program in Rockford, Illinois

Hanna Kaufman, March 15th, 2016

Welcome back to my series of blog posts 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. In my previous entry, I discussed how we at RSI leveraged the data we collected to improve participation in our foreclosure mediation program in the 19th Circuit Court of Lake County, Illinois. By looking at “apples-to-apples” comparison of data among six programs in Illinois, we saw participation went up when judges referred people to the program, and when we only required people to complete a phone screening rather than an in-person information session. The 19th Circuit made these changes, and while it has only been a couple of months since that happened, we are already starting to see more people being able to access the program.

Building off that previous discussion about using data to drive program improvements, my focus in this entry is a different tool in the program administration toolbox: thoughtful, dynamic triage. (more…)

In Mediation, As On Broadway, It’s All About The Room Where It Happens

Eric Slepak, February 26th, 2016

If you caught the Grammys last week, I hope you got a glimpse of the live-from-Broadway performance of the opening number from the smash hit Hamilton. One of the show’s many highlights, “In the Room Where It Happens,” is a show-stopping ode to backroom negotiation and the art of compromise that focuses on New York Senator Aaron Burr’s desire to get to the table. Though Burr serves as the foil to protagonist Alexander Hamilton and (spoiler alert) the source of Hamilton’s ultimate defeat, he is not an unsympathetic character; there are many moments throughout where the audience empathizes with Burr’s dreams. Case in point, Burr’s goal of being part of the action mirrors a recurring theme we see parties deal with in ADR: who gets a say in the matter when there are lots of parties involved and/or many different interests at stake?  In other words, who gets to be in the room where it happens? (more…)

Designing Access Part One: How RSI Used Outcome Measures to Reach Homeowners in Lake County

Hanna Kaufman, December 21st, 2015

Welcome to my first of three blog posts showcasing how RSI uses our expertise in dispute system design to improve access to justice in the three foreclosure mediation programs we administer. I originally conceived of this series after reading Richard Zorza’s post inviting the legal community, including those working in ADR, to define what 100% access to justice might look like. My introduction to the series provoked a response from Richard, offering several topics for consideration, which then inspired a follow-up to those ideas from RSI’s Director of Research, Jen Shack, who expanded upon his analysis.

One issue both Richard and Jen agreed on was the importance of using good outcome measures to drive program improvements. Richard focused on the need for “accurate, credible, and comprehensive measures” that can be compared across systems, and Jen echoed that “we need to know what works and what doesn’t so that improvements can be made.” Reliable data is RSI’s bread and butter, and it is where we begin this portrait of the 19th Judicial Circuit Residential Foreclosure Mediation Program in Lake County, Illinois. (more…)

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…)

Designing Access: Introduction to a Three-Part Series

Hanna Kaufman, November 19th, 2015

During a recent day of strategic planning at RSI, one of the ideas our staff explored was how alternative dispute resolution (ADR) helps to increase access to justice (ATJ or A2J). This idea is close to my heart; improving the accessibility of our justice system has been a passion of mine for years and has driven my decisions to attend law school, train as a mediator, and ultimately, join RSI’s team. (more…)