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Just Court ADR

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Archive for the ‘Program Management’ Category

New Mediator Self-Reflection Tool

Susan M. Yates, January 9th, 2019

The Supreme Court of Virginia has developed a wonderful new self-reflection form for mediators. While the Court developed this tool for their certified mediators as part of their re-certification process, it is a valuable tool for any mediator (just ignore the instructions about continuing mediator education credits). There is a lot of content, so if you are using this on your own you will probably want to pick and choose among the questions. This new tool coordinates with Virginia’s excellent Mediator Self-Reflection Treasury.

Even though mediators work very closely with people when we mediate, typically no one else in the room shares our mediator perspective. There are exceptions, such as co-mediation or when we are observed by new mediators, but mediation can be an isolated activity (made especially so by the limits of confidentiality). This isolation makes self-reflection particularly important.

I can imagine many uses for these tools beyond self-reflection. A group of mediators could pick a few of the questions to discuss over lunch. For co-mediators, the tools could aid their debriefing. The forms might help a new court or community mediation program get clear about what they expect from mediators. The tools will probably spark other ideas when you read them.

Many thanks to the good people of the Supreme Court of Virginia for taking the time to produce and share these tools. They are a real gift to the mediation community.

End of One Era, Beginning of Another

Susan M. Yates, August 31st, 2018

August 31, 2018, will mark the end of an era at RSI. Our five-year foreclosure mediation grant from the Office of the Illinois Attorney General will come to an end.

This grant, which we received 15 years into our operation, was our opportunity to prove that when given sufficient resources, RSI could deliver the kind of quality court mediation program that we had been recommending to others all those years. I used terms like “practice what we preach,” “proof is in the pudding” and even, “put up or shut up!”

At that time, we promised to:

  • Work with courts and other stakeholders to design and operate three foreclosure mediation programs in three judicial circuits in northern Illinois
  • Develop and conduct training for mediators in our programs and those operated by our partner organizations farther downstate
  • Develop an online system to collect data about the programs enabling us to produce regular statistical reports and two comprehensive evaluations

I am happy to report that we delivered!

In the process, we confirmed some maxims about how to do quality court ADR and added a few corollaries.

  1. Study first

Before we start working with a court on their ADR program, we update our knowledge of the particular area in which we will be working. In this situation we researched what was happening across the country with foreclosure and how courts were using alternative approaches.

Corollary: Sometimes you have to build the plane while flying it. In the midst of a national foreclosure crisis, courts across the country were scrambling to keep up. While it was helpful to see what others were doing, we needed to figure out how to do foreclosure mediation in a way that worked in Illinois courts with their particular needs and resources.

  1. Work with stakeholders

We know that it is critical to bring together all the stakeholders while developing a court ADR system so that their various needs can be considered. In foreclosure mediation, the usual stakeholders – judges, court administrators, mediators and lawyers for both lenders and borrowers – were joined by a new addition: housing counselors, who were critical to the success of many of the programs.

Corollary: As important as it is to have all the voices heard, in the end, judges often have to make decisions about exactly how court ADR programs will work, and these decisions may not satisfy everyone. Fortunately, RSI doesn’t “have a dog in the fight,” so we can offer unbiased, expert advice about pros and cons of various approaches.

  1. Value the people who do the work

Never underestimate the importance of visible, capable staff. These programs are being continued because of dedicated program coordinators, who kept the cases moving and kept the courts informed of program progress, and because of skilled mediators who worked with intelligence and compassion in the midst of foreclosure – which is a crisis for each homeowner, even once the nation’s crisis has abated.

Corollary: These programs are not easy to administer. Juggling spinning plates is an apt metaphor for the challenge of administering programs with sometimes complex court rules that apply to everyone from sophisticated lawyers to overwhelmed homeowners.

  1. Collect and use reliable data

Turning data into meaningful information means different things to different stakeholders at different times. In the foreclosure mediation programs, we produced everything from monthly statistical reports for judges about numbers of cases in their programs and how they were being resolved to a mega-evaluation of all the programs that compared strengths of the various approaches and made recommendations about how each might improve.

Corollary: In a situation like this one in which every program was different, finding ways to make “apples to apples” comparisons was critical. Doing that successfully allowed RSI to make recommendations for improvement from a place of knowledge, not opinion.

Success and a New Era

September 1st will mark the beginning of a new era, as all three of our foreclosure mediation programs continue to operate thanks to the support of their local courts! We take this as the surest sign of success, that the courts value these programs enough to find a way to continue them when outside funding ends. We are grateful to the Attorney General for supporting these programs, to courts for their partnership and to the skilled mediators for conducting the mediations. We are pleased to continue to provide services to homeowners and their lenders when foreclosure looms.

New Tools for Mediator Peer Review

Eric Slepak-Cherney, July 20th, 2018

I’m excited to share with you all a new resource RSI put together for court ADR programs. Curiosity and self-reflection tend to be self-selecting criterion for successful mediators, so it’s not surprising that mediators often crave feedback about their performance and how they can improve. Fortunately for courts, that’s a great instinct, and one that should be nurtured through the use of a structured process whenever possible. To these ends, we at RSI put together some tools for program administrators to utilize in developing a peer-based review support system.

Peer review is a great way for mediators to develop new skills: as long as proper oversight exists to make sure bad habits aren’t proliferating, mediators can learn a tremendous amount from one another. Implementing a peer review system also has the added benefit of galvanizing a community of mediators. Perhaps most beneficially, peer review can function as quality assurance to ensure that the services people receive aren’t a form of second-class justice. Programs that serve self-represented, indigent and other underserved populations may be particularly keen to ensure quality services. (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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Lessons Learned from Foreclosure Mediation

Susan M. Yates, June 14th, 2016

It is heartening to see that titles of two recent publications include the phrase “lessons learned” as they explore Illinois’ experience with foreclosure mediation. That phrase reflects Resolution Systems Institute’s perspective that we should consistently seek the lessons from current mediation programs to apply to the next ones to be developed. Not surprisingly, RSI staff wrote one of these articles!

These pieces – the one by RSI and the other by the Woodstock Institute – outline four and twelve “lessons learned” respectively. The publications are:

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