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Just Court ADR

The blog of Resolution Systems Institute

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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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Family Law Arbitration Act

Susan M. Yates, March 24th, 2015

People who have been involved with family law are likely to have encountered mediation, especially in child-related issues. But what about arbitration?

The Uniform Law Commission is in the midst of drafting a Family Law Arbitration Act designed to provide a structure for arbitration of family law matters. The draft act provides many of the typical characteristics of arbitration that distinguish it from litigation. For example, parties will enter arbitration through an agreement to arbitrate; parties select and hire their arbitrator; arbitration proceedings and awards can be confidential; and arbitration awards are final, with very limited causes for appeal to a court. Family law arbitration differs from commercial arbitration in some key respects, such as greater opportunities for judicial review of awards determining child custody and support.

Family arbitration is quite dissimilar from family mediation. Most importantly, the arbitrator makes a decision that (more…)

Chicago-Area Settlement Week

Mary Novak, March 16th, 2015

The Illinois Chapter of the Association of Attorney-Mediators (AAM) is sponsoring a Settlement Week from June 1-5, 2015. Illinois mediators will mediate civil cases throughout the Chicagoland area at no cost to the parties.

Attorneys who have cases they would like to bring to Settlement Week can jointly select from a list of participating mediators.  Mediators will include members of the Illinois Chapter of the Association of Attorney-Mediators and other mediators certified by the Circuit Court of Cook County or another Illinois Circuit Court.

The mediations will take place during the five-day Settlement Week and are expected to take a full or half day. The focus of the program is on cases in the civil calendars in the Courts of Cook, DuPage, Lake, McHenry, and Will Counties.

For additional information, visit http://www.attorney-mediators.org/Settlement-Week.

Navigating Your Way Through Conflict — Q&A with Susan Yates

Just Court ADR, February 27th, 2015

Recently our Executive Director Susan Yates participated in this Q&A by Liz Markel on the topic of navigating through conflict at the Nonprofit Chicago blog. The blog is hosted by the Axelson Center for Nonprofit Management at North Park University. Susan will present a workshop on this subject at North Park University on March 25. Reprinted from Nonprofit Chicago:

Is there anything positive about conflict?

Yes! If we all just got along all the time, we wouldn’t improve our decisions or learn how to understand one another better. Just as we know that diversity of backgrounds and experiences enrich our nonprofits, so does some healthy disagreement. The question is how you and your organization manage that conflict. (more…)

Court ADR Trends for 2015

Mary Novak, January 22nd, 2015

As we enter a new year, we’ve decided to round up some of the most interesting trends we’ve observed in court ADR.

Word image of popular words from trends post

Court mediation used to respond to major economic crises and natural disasters

Last year perhaps the most visible trend in court ADR was the courts’ use of mediation to address truly large-scale crises. From the mediators who helped opposing groups reach the Grand Bargain that led Detroit out of bankruptcy, to the mediations being used to address thousands of insurance claims that remain from Hurricane Sandy, courts essentially created ad-hoc ADR programs to respond to major crises. (more…)