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Archive for the ‘Program Management’ Category

Grant-Funded Research Adds to Evidence on How to Make Eviction Mediation Effective

Eric Slepak-Cherney, November 21st, 2022

Last month, RSI reached the end of an 18-month grant from the American Arbitration Association-International Centre for Dispute Resolution (AAA-ICDR) Foundation. A primary goal of the grant was to provide guidance to courts nationwide about addressing the eviction crisis arising from the COVID-19 pandemic. As that project has come to a close, we at RSI would like to look back at what we accomplished, and learned, from the experience.

Our Eviction Mediation Program and Special Topic

The first focus of the grant was to help us establish a local court mediation program, serving Kane County, Illinois. While it may seem counterintuitive that a project with a focus on national guidance invest in a local program, our approach at RSI is to utilize our mediation programs as “laboratories” for the research and evaluation that is core to our mission. We have a long history of designing and administering programs, and as part of that work, we implement established best practices, set up robust monitoring and evaluation systems, and carefully and thoughtfully test out different approaches to help us achieve the goals we set for our programs. The Kane County Eviction Mediation program is no exception (See related article above), and it served as the basis for many exciting accomplishments of the project, detailed further below.

Our next big milestone was developing the Eviction Mediation Special Topic. Special Topics are collections of resources RSI curates around court alternative dispute resolution (ADR) as it relates to different subject matter (e.g., child protection mediation and restorative justice) or interested parties (e.g., judges and lawyers). For eviction, we sought to develop a Special Topic collection that was both topical to the present crisis and also highlighted the best research, guidance and tools for those invested in the development and administration of effective eviction diversion programs.

Blogs and Evaluation Projects

Throughout the 18 months of the grant, the RSI team was regularly blogging about our experiences developing and administering our programs, and what we were learning from others across the country. A few highlights from our blogging include glimpses into innovative program models in Hawaii and Philadelphia, and program design considerations such as working with rental assistance programs and cultivating buy-in from landlords. Additionally, a pair of Q&As with our Programs Manager Chris Riehlmann and our Kane County Program Coordinator Christina Wright provide a great look into what it really takes to make these program work day in and day out.

Finally, and most significantly, the grant supported several evaluative projects we embarked on over this past year and a half. We analyzed the results of our post-mediation surveys to assess whether our programs were providing procedural justice to participants. After reflecting on the steps we’d taken to develop programs and conducting interviews with key program personnel and partners, RSI published program implementation guides to give others nationwide a manual of sorts for building and tweaking their own programs. The project culminated in an evaluation of the Kane County program’s first 13 months (summarized in the article above by RSI Director of Research Jennifer Shack), assessing program use, services provided, mediation outcomes and participant experience.

A Few Key Findings

The amount of information we have learned and done our best to share during the course of this project has been staggering. While any summation is sure to be incomplete, we’d like to leave you with a few key findings from the project:

  1. Integrated and holistic service delivery approaches truly made for better outcomes. Programs that took a comprehensive and progressive approach to combatting eviction saw more agreements and fewer evictions. Similarly, programs that brought more partners to the table, including social service agencies, advocacy groups, state and municipal representatives, and others, saw greater success. While eviction cases are ultimately resolved by courts, the underlying issues are economic and social in nature, and collaboration with entities that address those causes is highly valuable.
     
  2. Good eviction mediations take time. Prior to the pandemic, mediation in housing disputes, in many jurisdictions, was typically an event that took place on the day of the first court appearance and lasted no more than half an hour. Unsurprisingly, agreement rates in this context were generally low. A number of programs we worked with noted that utilizing a model where mediation was done outside of court (and the time constraints that usually entails) resulted in greater agreement. Allotting more time for the session gave greater opportunity to work through impasse, and scheduling mediation for an advance date gave parties the time to better prepare for mediation, including taking stock of finances, asking for support, applying for rental assistance, and consulting attorneys.
     
  3. Remote mediation, which is the norm for RSI’s programs and many others still, continues to offer mixed blessings for participants. The flexibility afforded parties by doing remote mediation meant many more parties could participate without taking a day off work, critical for parties trying desperately to pay back past due rent. On the other hand, our data noted that about 1 in 6 needed to borrow a device or leave home to participate virtually, and 1 in 5 experienced some sort of technical difficulty. Making sure that in-person accommodations could be offered to those who could not or would prefer not to participate virtually ought to be a priority to ensure access, and RSI did so with our Kane County program.

We are tremendously grateful to the AAA-ICDR Foundation for its support of this project.

Holistic Approach to Eviction Mediation Proves Successful in Kane County, Illinois

Jennifer Shack, November 16th, 2022

This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation. The AAA-ICDR’s grant is enabling RSI to expand our outreach to court ADR colleagues working in the fast-evolving eviction field, and we are tremendously grateful to the Foundation for their support.

As readers may remember, the 16th Judicial Circuit in Kane County, Illinois, launched its eviction mediation program in May 2021, with RSI as the program administrator. The program approaches the resolution of eviction cases holistically, with referrals to financial counseling and legal services as well as mediation. Mediations are conducted primarily via Zoom, with some in-person mediation permitted. As part of the AAA-ICDR Foundation grant, RSI Research Associate Dee Williams and I evaluated the program’s performance during its first year. The evaluation included program use, services provided, mediation outcomes and participant experience. The evaluation revealed a program that is succeeding on all metrics.

We found that the program had a high rate of referral, with 578 (42%) of the 1,392 eligible tenants making contact with the program coordinator after being referred by the judge. Almost two-thirds of tenants who accessed the program were referred to housing counseling, rental assistance and legal assistance. Not all cases required mediation, and some cases scheduled for mediation did not take place; thus, 388 (28%) of eligible cases were mediated. Of these, 74% resulted in an agreement that avoided eviction, which translated into eviction being avoided through mediation in 20% of all cases filed.

Overall Positive Experiences

In post-mediation surveys, both landlords and tenants in general indicated they had a good experience in mediation: 61% said they were highly likely to recommend mediation to a friend. They also indicated they experienced procedural justice, with 73% indicating the mediator treated them extremely fairly and 80% indicating they were treated with very much respect. Their perception of whether they were able to talk about what was important to them was lower, however, with 54% rating this highly. Attorneys were more likely to rate their experience highly overall: 71% were highly likely to recommend mediation to a colleague.

The one area of concern is that 19% of parties who responded to the survey wrote comments indicating they believed the mediator was biased or not active enough in helping them resolve their dispute, which equaled the percentage who wrote positive comments about the mediators’ fairness and helpfulness. RSI is investigating this further, with the hopes of identifying whether certain mediators may need further training.

Access, Tech Use Examined

We also asked survey respondents how they accessed the video mediation, whether they needed to borrow a mobile phone or computer from someone, whether they had to leave their home to attend the mediation, and whether they had any technical difficulties. Approximately 6 in 10 tenants used a mobile phone to participate, and almost everyone else used a personal computer. Our sample is very likely biased, as those who have ready access to the internet would be more likely to respond to the survey; nevertheless, we found that only 2 of 49 respondents borrowed a device and three went to someone else’s home. Five attended from work. Ten of 56 respondents indicated there were technical issues during their mediation. These included problems connecting, bad connections, people getting disconnected and someone’s microphone not working.

Support Breeds Success

When I interviewed the judge and program staff for an implementation report on the program, I found the judge was very supportive of the program and that both he and program staff believed landlord and attorney buy-in was essential to the success of the program. The evaluation indicates that the judge’s support was instrumental to the program’s high rate of referral and that landlords and attorneys who completed surveys generally had favorable opinions of the program. These both support the general belief that both judicial support and party buy-in are necessary characteristics of successful programs.

New Reports Describe Successes, Challenges in Launch of Eviction Mediation Programs in Illinois’ Kankakee, Winnebago Counties

Jennifer Shack, September 19th, 2022

This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation. The AAA-ICDR’s grant is enabling RSI to expand our outreach to court ADR colleagues working in the fast-evolving eviction field, and we are tremendously grateful to the Foundation for their support.

In late 2021, the 17th Circuit and 21st Circuit courts of Illinois launched eviction mediation programs with RSI assistance. RSI now administers the programs remotely. I had the pleasure of interviewing the judges and program administrators involved in the planning and implementation of the programs. The purpose was to help other courts interested in starting eviction mediation programs by better understanding how the programs work and the challenges and successes they experienced during the planning phase and post-launch. The resulting reports for the 17th Circuit and 21st Circuit are now available.

Photo by eskay lim via Unsplash

Both programs started with the same program design and initially relied on the same program coordinator, who administered the programs remotely with the help of an assistant. For both programs, the program coordinator or the program assistant attended court calls remotely so that when the judge referred cases to the program, they could obtain party contact information and other case details that would help them to administer the program. Parties had access to rental assistance, and mediation was held via Zoom by paid mediators. The programs got off to a slow start but have begun to see more referrals.

17th Circuit Program

The 17th Circuit program, serving Winnebago County, launched in September 2021, but started seeing regular referrals in January. The mediation program was conceived as a partner service to rental assistance.[1] Winnebago County had the benefit of two agencies that could process rental assistance applications quickly and that could have representatives present at the court call. Because rental assistance was readily available to most tenants, the judge decided to refer cases to rental assistance first, then authorize mediation for cases in which the assistance was denied. 

Initially, the program coordinator did not have an easy way to follow up with the tenants to see if they had been approved for rental assistance and whether they wanted to mediate. Seeing an opportunity for the program to do more, the court and RSI decided to have the program coordinator help move tenants through the rental assistance application process. She now follows up with tenants to be sure they have applied for rental assistance and helps get them in contact with a rental assistance agency if not. This helps her to identify cases that need mediation and to schedule them for mediation if the tenants agree to participate.

Lessons Learned

Coordination with program partners may improve buy-in

RSI did not have the staff capacity to take on the role of coordinating program partner communications and needs during program development. According to RSI’s associate director, this resulted in more landlord resistance to the program than in another circuit whose eviction mediation program RSI helped develop. In that program, there was ongoing communication among the program partners, and their perspectives were incorporated into the program rules and process. There, attorneys for landlords and tenants, as well as representatives from the rental assistance agencies and court staff, met regularly before program launch to discuss program development and after the program launched to discuss any issues with the program and its processes.

Communication is essential

The program coordinator and the program assistant both indicated that the open communication with both rental assistance agencies is essential to the smooth running of the program and to ensuring that those who need mediation are offered the opportunity. Communication with the judge is also necessary. The judge initially referred cases to mediation based on a narrow set of criteria. The program coordinator and the program manager have been discussing with the judge the benefits of mediation in other circumstances.

Judge support is key

The judge promotes use of the program both by informing the parties of the resources available to them and strongly encouraging parties to attend mediation.

Tenants need help obtaining rental assistance

Not all tenants are capable of navigating the process of obtaining rental assistance, particularly in the short time frame required by the court’s eviction process. The program coordinator has found that she often needs to explain to tenants what they must do to apply and to follow up to be sure they do so in a timely manner. In addition, she often must explain to tenants what the status of their application is, because they do not always understand their situation.

Good program administration is important

The judge indicated that the program coordinator’s follow-up with tenants about their efforts to obtain rental assistance has helped to move parties through the application process. The program coordinator indicated that this case management has allowed her to identify cases suitable for mediation and has led to more cases being mediated.

It’s helpful to meet with landlords before program launch

The judge noted that outreach to landlords helped to assuage landlords’ fears about the program, reducing resistance to it.

The mediation program may need to evolve

The program may not work the way originally planned, or the original plan may not lead to the most effective provision of services. In this case, the judge’s desire to wait to mediate cases until after rental assistance was denied led to a need to reconfigure the program coordinator’s role.

21st Circuit Program

The 21st Circuit program, serving Kankakee County, launched in December 2021 but saw its first referrals in March 2022. In the 21st Circuit, the reasons for the slow start were complicated. The judge, who was assigned to hear evictions after the program planning phase, was supportive of mediation but had a narrow view of which cases were appropriate. Further, there was no funding for the program during the planning phase, so RSI did not have the staff to engage with stakeholders to get their input and their buy-in. This may have played a role in resistance to mediation among the plaintiff’s bar.

The mediation program was conceived as a partner service to rental assistance,[2] with parties having access to both at the same time. The judge was given the authority by local court rule to order cases to mediation, which she uses when she believes referral to mediation is warranted. Though the court and its partners did not integrate rental assistance with mediation, in practice, the judge refers cases to mediation when she determines the tenants do not know about the resources available to them. The program coordinator has thus taken on the role of helping self-represented tenants, who make up the vast majority of defendants, navigate the rental assistance process. The rental assistance agency has been less involved in the program than the agencies in the 17th Circuit, and has determined that it cannot inform the program coordinator of the status of rental assistance applications due to privacy concerns. This has made it more difficult to help tenants, and mediations often take place without knowledge of whether the tenants have been approved for rental assistance. 

Lessons Learned

Many of the lessons learned were similar to those for the 17th Circuit, but for different reasons.

Coordination with program partners may improve buy-in

Because of a lack of funding during program planning, RSI was understaffed and could not take on the role of coordinating program partner communications and needs. According to the associate director, this resulted in more landlord resistance to the program than in another judicial circuit, in which there was ongoing communication among the program partners and the incorporation of program partner perspectives into the program rules and process.

It helps to remain flexible

The mediation program went through some growing pains, and both the court and the program coordinator needed to figure out how to best work together and to best manage cases. This effort is ongoing but appears to be bearing fruit.

Communication is essential

Lack of communication with the court led to a slow rollout of the program. This has changed as communication has improved. Lack of communication with the rental assistance agency has made it more difficult to assist tenants and to reach agreements in mediation.

Judge support is key

Although the eviction judge came onto the bench after the program had been planned, and therefore needed some time to acclimate to the mediation program, she believes there is a place for mediation in eviction cases. This has led to a greater number of referrals as time has passed.

Good program administration is important

The judge relies on the program coordinator to help tenants navigate resources and to gain access to rental assistance. This has broadened the scope of the position and has required greater case management skills. 


[1] State and federal funds have been made available that provide eligible tenants up to $25,000 to pay past and future rent. The county disburses the funds, which are sent directly to the landlord.

[2] State and federal funds have been made available that provide eligible tenants up to $25,000 to pay past and future rent. The county disburses the funds, which are sent directly to the landlord.

RSI’s Complete “Guide to Program Success” Now Available!

Susan M. Yates, September 15th, 2020

As the pandemic wears on, courts have been transitioning services online and exploring how ADR and ODR can aid their communities in new ways. Given the challenging nature of the situation, I am pleased to share a newly completed resource from RSI that can help.

RSI’s entire Guide to Program Success is now available both online and for individual download. Together, RSI’s Director of Research Jennifer Shack and I wrote this step-by-step guide on how to design, manage and evaluate a court ADR program. Each chapter of the guide contains an in-depth examination of an element of program success. Topics include:

  • Why a court ADR program may be beneficial
  • How to gather a planning team
  • Exploring the legal and ADR environment
  • Articulating program goals
  • Figuring out budgets and funding
  • Applying standards for court ADR
  • Deciding which ADR process to use
  • Designing mechanics of an ADR program
  • Selecting and managing neutrals
  • Writing court rules
  • Designing systems to track the program
  • Creating court program forms
  • Launching a court ADR program
  • Managing a court ADR program
  • Evaluating a court ADR Program

This guide can be used for any type of court ADR process and may be used at any stage of a court ADR program. If you are responsible for a court ADR program or are looking to design a new court ADR program, this is the guide you need.

We hope that this resource is valuable in your work. If you are able to support Resolution Systems Institute, please make a donation. As we all struggle to do our best in challenging times, your support is deeply appreciated.

Susan M. Yates

Executive Director

Resolution Systems Institute

Two New Chapters of RSI’s Guide to Program Success now Available!

Nicole Wilmet, November 27th, 2019

We are thrilled to announce that two new chapters of our Guide to Program Success are now available! RSI’s Guide to Program Success combines the expertise of Executive Director Susan Yates and Director of Research Jennifer Shack and discusses how to effectively design, manage and evaluate successful court ADR programs.

Newly released Chapter 12: Create Your Program Forms addresses how to create forms for court programs and includes a set of exemplary sample forms from courts around the United States. Chapter 13: Launch Your Program, focuses on the successful launch of a court program takes a look at things that court sometimes don’t think about when starting a program.

We hope you find these resources valuable in your work!