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Just Court ADR

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Spring 2022: How RSI’s Work Has Expanded and Evolved During the COVID-19 Pandemic

Just Court ADR, May 18th, 2022

As the COVID-19 pandemic has strained finances, families and the social fabric in general, the need for and potential of well-designed alternative dispute resolution (ADR) to stitch together solutions has become increasingly apparent. Throughout this challenging time, Resolution Systems Institute (RSI) has continued to monitor and evaluate new dispute resolution initiatives and developed new court mediation programs of our own. Below is a description of some of our work during the pandemic.

In 2020, as a potential pandemic-driven eviction wave loomed, RSI began to design our first eviction mediation program. In the course of about nine months, we developed the court rules, procedures and forms the program would need to operate. We also recruited a cadre of mediators and provided them with specialized eviction mediation training through our friends at the Center for Conflict Resolution. The Kane County (Illinois) Eviction Mediation Program launched in spring 2021. Later that fall, RSI launched similar programs in Illinois’ Kankakee and Winnebago counties. Overall, our programs operate in judicial districts that serve over 920,000 Illinois residents.

To learn more about RSI’s work over the last two years in the eviction arena, we recommend you check out our blog entries on the topic, as well as our Eviction Mediation Special Topics resource. RSI is now working with Kane and Winnebago counties to bolster their longstanding foreclosure mediation programs as homeowners now begin to feel the squeeze that renters started experiencing last year.

While RSI is spearheading these new program development and administration initiatives, evaluation remains the central pillar of upholding RSI’s mission of improving access to justice. RSI Director of Research Jennifer Shack recently published two reports evaluating the program development experience in Kane County: Eviction Mediation Design and Implementation in Illinois’ 16th Judicial Circuit: Challenges and Keys to Success and Participant Experience in Eviction Mediation: Summary Of Early Survey Responses in the 16th Judicial Circuit of Illinois’ Video Mediation Program.

In partnership with the University of California, Davis, RSI has also evaluated online dispute resolution (ODR) pilot programs in Texas and Michigan. The pandemic generated greater interest among courts for ADR processes that parties could access remotely. The evaluations, which will be released soon, will provide courts with a better understanding of what ODR adoption requires and what possible benefits it can provide.

The last two years have provided many of us, RSI included, with a complex mix of setbacks and new opportunities. RSI is committed to innovating and adapting to meet the challenges that courts, and the litigants they serve, encounter in this ever-changing world. We are grateful to our program partners, our funders and each of you who come to RSI in search of expertise and guidance. We hope you will continue to take this journey with us as we work towards our mission of expanding access to justice through court alternative dispute resolution.

Two New RSI Special Topics Available

Susan M. Yates, December 21st, 2021

RSI is pleased to announce we have added two new Special Topics to our Resource Center. One is about Restorative Justice and its relationship to court ADR and the other is about Diversity, Equity, Inclusion and Accessibility in court ADR. RSI develops Special Topics from time to time to respond to issues people who work with court ADR are facing. These latest Special Topics join others on subjects such as eviction mediation, online dispute resolution and child protection mediation.

Both these Special Topics were made possible by a grant from the American Arbitration Association – International Centre for Dispute Resolution Foundation. Thank you to the AAA-ICDR Foundation!

Announcing RSI’s National Eviction ADR Project

Eric Slepak-Cherney, May 27th, 2021

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 of Dispute Resolution Foundation. The AAA-ICDR’s grant is enabling RSI to expand our outreach to other court ADR colleagues working in the fast-evolving eviction field, and we are tremendously grateful to the Foundation for their support.

Last year, the COVID-19 pandemic profoundly impacted American society in ways that are still playing out. The fallout from a public health standpoint was tremendous and its consequences rippled into almost every aspect of society. Chief among the impacts was significant economic contraction, as  a staggering number of individuals suffered reduced or lost income as a consequence of layoffs, reduced hours, contracting the virus, or caring for loved ones who had.

Unable to afford their monthly rent, tens of millions of Americans have found themselves at risk of eviction. The United States Department of Housing and Urban Development and Centers for Disease Control instituted moratoriums on eviction, though each had some gaps. (The CDC moratorium has been vacated by a federal ruling. As of the writing of this blog post, that decision is being appealed and the moratorium remains in place for now).

Along with these federal protections, many states and localities enacted their own, generally more comprehensive, moratoriums. Approximately one-third of states still have an eviction moratorium on the books. However, for other jurisdictions, eviction proceedings not precluded by federal moratorium have resumed, and courts in jurisdictions where there are state or local moratoriums are expecting a significant surge of cases when those are lifted.

To address this uptick in cases, many courts are turning to mediation and other forms of alternative dispute resolution. Subscribers to our monthly newsletter, The Court ADR Connection, are no doubt aware of various programs that have arisen in recent months. We have been diligently trying to capture and report on these efforts in an attempt to provide our core audience of court ADR professionals with information about how others are navigating this unprecedented situation.

To that end, we are excited to announce our new eviction ADR resource sharing project. Thanks to the generous funding of the American Arbitration Association-International Centre for Dispute Resolution Foundation, RSI will be able to share resources, guidance and our expertise with a national audience. In the coming weeks and months, we will be rolling out a series of resources we hope will help inform and mobilize the field to more effectively serve disputants and hopefully assist landlords and tenants in avoiding eviction.

These resources include our Eviction Mediation Special Topic, which will share program development insights; house sample documents like court rules, surveys and mediation notices; and even include a living database in which we have been collecting data on known eviction ADR programs nationwide. We also will be publishing a monthly blog series on our experiences developing a new mediation program based in Kane County, Illinois and collaborating with others across the country on eviction ADR. Finally, we will also conduct a comprehensive evaluation of the Kane County program’s first year, and publish it on our site, alongside smaller reports about the program’s implementation and quarterly progress, to contribute to the existing body of knowledge regarding ADR’s efficacy in resolving these disputes.

The Covid-19 crisis was unexpected, but now many courts are expecting or already experiencing eviction crises. To help court ADR programs meet these challenges, RSI is providing a robust mix of expertise, data, analysis and research, as well as sample forms, rules, videos and websites.We are grateful to the AAA-ICDR Foundation for enabling us to do this work. 

Last year, the COVID-19 pandemic profoundly impacted American society in ways that are still playing out. The fallout from a public health standpoint was tremendous and its consequences rippled into almost every aspect of society. Chief among the impacts was significant economic contraction, as  a staggering number of individuals suffered reduced or lost income as a consequence of layoffs, reduced hours, contracting the virus, or caring for loved ones who had.

Unable to afford their monthly rent, tens of millions of Americans have found themselves at risk of eviction. The United States Department of Housing and Urban Development and Centers for Disease Control instituted moratoriums on eviction, though each had some gaps. (The CDC moratorium has been vacated by a federal ruling. As of the writing of this blog post, that decision is being appealed and the moratorium remains in place for now).

Along with these federal protections, many states and localities enacted their own, generally more comprehensive, moratoriums. Approximately one-third of states still have an eviction moratorium on the books. However, for other jurisdictions, eviction proceedings not precluded by federal moratorium have resumed, and courts in jurisdictions where there are state or local moratoriums are expecting a significant surge of cases when those are lifted.

To address this uptick in cases, many courts are turning to mediation and other forms of alternative dispute resolution. Subscribers to our monthly newsletter, The Court ADR Connection, are no doubt aware of various programs that have arisen in recent months. We have been diligently trying to capture and report on these efforts in an attempt to provide our core audience of court ADR professionals with information about how others are navigating this unprecedented situation.

To that end, we are excited to announce our new eviction ADR resource sharing project. Thanks to the generous funding of the American Arbitration Association-International Centre for Dispute Resolution Foundation, RSI will be able to share resources, guidance and our expertise with a national audience. In the coming weeks and months, we will be rolling out a series of resources we hope will help inform and mobilize the field to more effectively serve disputants and hopefully assist landlords and tenants in avoiding eviction.

These resources include our Eviction Mediation Special Topic, which will share program development insights; house sample documents like court rules, surveys and mediation notices; and even include a living database in which we have been collecting data on known eviction ADR programs nationwide. We also will be publishing a monthly blog series on our experiences developing a new mediation program based in Kane County, Illinois and collaborating with others across the country on eviction ADR. Finally, we will also conduct a comprehensive evaluation of the Kane County program’s first year, and publish it on our site, alongside smaller reports about the program’s implementation and quarterly progress, to contribute to the existing body of knowledge regarding ADR’s efficacy in resolving these disputes.

The Covid-19 crisis was unexpected, but now many courts are expecting or already experiencing eviction crises. To help court ADR programs meet these challenges, RSI is providing a robust mix of expertise, data, analysis and research, as well as sample forms, rules, videos and websites.We are grateful to the AAA-ICDR Foundation for enabling us to do this work. 

To stay up to date with all these efforts, and the other work RSI is doing, please make sure you are subscribed to our newsletter. We also welcome our court ADR colleagues to reach out to us with information about your eviction ADR programs.

RSI’s Board Member Alyson Carrel Co-Authors New Negotiation Textbook

Just Court ADR, May 6th, 2021

Congratulations to RSI’s Board Member Alyson Carrel for co-authoring a new negotiation textbook entitled Negotiation and Lawyers. Joining Alyson as co-authors are Art Hinshaw, Leonard L. Riskin, Chris P. Guthrie, Richard C. Reuben, Jennifer K. Robbennolt and Nancy Welsh. The textbook is responsive to the increased role technology plays in the negotiation practice and presents the core concepts, skills and strategies lawyers need to be successful in negotiation both online and offline. In particular, Alyson crafted a chapter on technology and negotiation.

Congratulations to Alyson and the entire team of authors on this terrific new resource!

Resolution Systems Institute Prepares for Wave of Evictions

Susan M. Yates, May 4th, 2021

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 of Dispute Resolution Foundation. The AAA-ICDR’s grant is enabling RSI to expand our outreach to other court ADR colleagues working in the fast-evolving eviction field, and we are tremendously grateful to the Foundation for their support.

A year into the COVID-19 pandemic, a new kind of wave is being predicted – a wave of evictions. So far, a patchwork of federal, state and local eviction moratoria has kept the eviction tsunami from breaking on the shore. But as these moratoria are lifted (as they already have been in some places), millions will be at increased risk of COVID-19 from homelessness or from having to double up housing with friends and family.

RSI is on the front lines of utilizing ADR to address the coming evictions crisis and we are tackling it from several directions. First, we will be launching an Eviction Mediation Program next month in Kane County, Illinois, which encompasses Illinois’ second- and eighth-largest cities, Aurora and Elgin, respectively. Our program will look to connect participants with rental relief and legal assistance before trying to help them come to an agreement using trained third-party mediators. 

Second, we are reaching out to courts in more than 35 counties in central and northern Illinois to offer assistance designing and developing eviction mediation programs. While the moratoria are still in place, this is the time to design mediation programs that meet local needs, leverage local strengths, and bring together all necessary resources. 

Third, to further advance our mission of strengthening access to justice through court ADR, we will in the coming months roll out a series of resources on utilizing ADR to address the national spike in evictions. These resources will include sample forms and documents courts can utilize in their own programs, guidance on setting up these programs, and information on how others have utilized ADR to manage eviction cases.

Now is the window of opportunity to prepare well thought-out mediation programs that provide procedural justice and a chance for landlords and tenants to reach a solution that is workable — and safe — for all parties. Our work in this arena is being generously supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation and the Illinois Equal Justice Foundation. If you would like to support us in guiding courts on the use of ADR in combating evictions, please consider making a donation to RSI.