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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘access to justice’

Foreclosure Mediation Saves 1,000 Homes in Illinois

Eric Slepak, June 1st, 2018

In compiling the latest statistical report for the eight foreclosure mediation programs funded by the Illinois Attorney General, RSI discovered that, as of last year, the programs helped over 1,000 Illinois homeowners stay in their homes. That’s a tremendous accomplishment and much is owed to the talented program staff that administer these programs, the neutrals who mediate these cases, the housing counselors and legal aid attorneys who advise the homeowners, and the Office of the Attorney General whose belief in the power of mediation made this all possible.

About a quarter of the cases, and 5% of the total foreclosure filings, end in retention. While that might not sound like much, it’s worth bearing in mind that in many instances, there is a significant power imbalance between the homeowner and their lender. That fact makes it quite possible that without the guidance provided by the housing counselors and attorneys, and the channels of dialogue between borrower and lender opened by the program staff and mediators, these homeowners would have very little chance of prevailing in the traditional judicial foreclosure process. Therefore, a retention rate of that magnitude is a tremendous victory. (more…)

Do Android Mediators Dream of Electric Agreements?

Eric Slepak, January 30th, 2018

With the new year being still fresh enough that some of us, and hopefully not just me, continue to write 2017 on their checks, the future is at the forefront of many of our minds. Whether we’re setting ambitious goals for the year to come, or just looking forward to putting the previous year behind us, I think it’s pretty natural for us to spend this time of year fixated on the road ahead. For me, this has translated into thinking a lot about the cutting edge of the ADR field: Online Dispute Resolution, or ODR. (more…)

Tough Love

Eric Slepak, July 18th, 2016

A recent study out of Columbia University suggests that nice mediators finish last. Inspired by the familiar trope of bickering siblings setting aside their differences to unite against a stern parent, researcher Ting Zhang created simulations in which student participants attempted to reach resolution using text-based chatrooms. Zhang added a further twist to the experiment by introducing computerized participants and/or mediators in some of the sessions (though all participants were told they were interacting with other humans). The participating students were randomly assigned a hostile mediator, a neutral mediator or a nice mediator. Across all of these different scenarios, however, the data showed that agreement was more likely when the participants teamed up against a hostile mediator, and that the quality of the agreements reached was similar to those reached with a nice mediator. (more…)

Child Protection Perspectives: Initiating the Conversation

Eric Slepak, April 15th, 2016

As April is National Child Abuse Prevention Month, we at RSI wanted to shine some attention on the work we are doing related to the development of the new Child Protection Mediation Program in the Sixteenth Judicial Circuit Court of Kane County, Illinois, as well as the other work RSI has done in using court ADR as a tool to address the issues of child abuse and neglect.

While our work at RSI is often about data, when it comes to child protection (a term which is meant to capture the broad array of cases in which children have been removed from their homes due to abuse and neglect), it is hard not to talk about the personal element.  Prior to joining RSI, much of my work had been as an advocate at the intersections of special education, juvenile justice and the child welfare and foster systems. These seemingly independent worlds actually collide frequently, and illustrate some of the many complexities involved in handling cases of child abuse and neglect. (more…)

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…)