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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘access to justice’

Access to Justice and ADR: What Is Needed for Parties to Experience Justice

Jennifer Shack, November 25th, 2015

It seems that a conversation is starting up between Richard Zorza on his blog and RSI’s Director of Foreclosure Mediation Hanna Kaufman about 100% access to justice and ADR. Hanna will be returning with a series of three posts that will focus on how we are addressing access to justice in our own foreclosure mediation programs, so I decided to chime in with a big-picture response.

The conversation has its origins in Resolution 5 of the Conference of Chief Justices, which sets a goal of 100% access to justice for essential civil legal needs and encourages each state to develop a strategic plan to get there. In his latest post, Zorza suggests that as part of this effort, ADR system design focus on triage, consent, the role of the neutral, the use of nonlawyers and outcome measures. I agree with most of these, and see in them the need to fully integrate ADR into the Chiefs’ efforts to achieve 100% access. (more…)

Designing Access: Introduction to a Three-Part Series

Hanna Kaufman, November 19th, 2015

During a recent day of strategic planning at RSI, one of the ideas our staff explored was how alternative dispute resolution (ADR) helps to increase access to justice (ATJ or A2J). This idea is close to my heart; improving the accessibility of our justice system has been a passion of mine for years and has driven my decisions to attend law school, train as a mediator, and ultimately, join RSI’s team. (more…)

Settlement Smarts for Self-Represented Litigants

Susan M. Yates, August 12th, 2014

Julie Macfarlane has written a useful guide for self-represented litigants participating in court-related settlement efforts, including settlement conferences with judges, mediations and direct negotiations with the other party’s lawyer. This could be a handy reference for court ADR programs to provide to parties.

The guide, “Settlement Smarts for Self-Represented Litigants: How to Use Settlement Processes Knowledgeably and Effectively,” is produced by the Canadian National Self-Represented Litigants Project. Thanks again to Richard Zorza’s great blog on access to justice issues for the heads up about this.

One-Day Divorce in San Diego Court

Susan M. Yates, July 1st, 2014

I love Richard Zorza’s Access to Justice Blog, especially when he covers programs like the one offered by San Diego, California courts to accomplish divorce in a single day. Zorza cites a New York Times piece to explain how the process works. The divorcing couple files for divorce and reaches agreement on everything: property, debts, child-related issues, etc. Then the couple goes to court and a court coordinator helps ensure they have all the necessary documents and they are completed correctly. With the paperwork in order, the couple can get their divorce the same day.

One of the things that makes this program unusual is that the court provides a coordinator who does not give legal advice, but who does help the divorcing couple ensure their documents are in order and help fill in any missing pieces if needed. (more…)

Illinois Expands Law Student and Graduate Representation in ADR

Terra K. Peach, June 19th, 2013

Yesterday, the Illinois Supreme Court announced changes to Rule 711 that explicitly permit qualified law students and graduates who have not yet been admitted to practice to provide ADR representation starting July 1, 2013. Consistent with previous requirements, law students and graduates will offer legal services with client consent, under attorney supervision. However, the revised rule allows law students and graduates to appear on behalf of clients in court-annexed arbitrations and mediations in Illinois courts and administrative tribunals, and to represent clients in nonlitigation matters. It also reduces the coursework required before applying for permission to provide services. (more…)