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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘court programs’

Foreclosure Mediation Still Going Strong in Illinois

Jennifer Shack, March 4th, 2016

In the last two years, the six programs currently funded by the Office of the Illinois Attorney General have helped 476 homeowners save their homes. Almost 100 more relinquished their homes voluntarily, allowing them to make a fresh start. Combined, this means that the programs helped about 1/3 of participating homeowners – and their communities – to avoid the negative consequences of foreclosure. (more…)

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…)

What is Court ADR? Clearing Up Some Misconceptions

Jennifer Shack, October 2nd, 2015

How can you make good decisions if the information you have is limited or wrong? That’s the question that drove me to the fields of research and program evaluation – good policy and effective programs are passions of mine, and there’s no way to have either without accurate, reliable information. It’s also the question that ran through my head as I read the article, “To Mediate in Court or out of Court, that is the Question” in Financier Worldwide. In the article, the author distinguishes between court and private mediation in a way that is not consistent with the wide variety of court and private mediation that exists in the United States. The article provides a good example of the misconceptions I often see in articles about mediation, misconceptions that can lead to poor decisions about the use of mediation.  (more…)

Ensuring Safety in Family Cases: Screening for Intimate Partner Violence

Jennifer Shack, August 28th, 2015

While the debate continues as to whether cases in which a party has alleged intimate partner violence (IPV) should be mediated, new research adds to the evidence that current screening may not be identifying all family cases in which violence has occurred in the relationship. As discussed in, “Detection of Intimate Partner Violence and Recommendation for Joint Family Mediation: A Randomized Controlled Trial of Two Screening Measures” (21 Psychol. Pub. Pol’y & L. 239) [subscription required], the researchers found that when ADR program staff used a common type of screening procedure, reports of IPV were lower than when using a screen that asked more specific questions about what occurred in the relationship. (more…)

Charting Familiar Territory: Illinois Foreclosure Mediation Programs

Mary Rose Richter, August 7th, 2015

Since I began my internship at RSI, I have embraced the organization’s mission of enhancing court ADR systems through program development, research and access to resources. I have worked on a variety of projects regarding different aspects of the RSI mission and have learned that in order to create new resources, a great deal of time and effort must be put into careful analysis and in-depth research of reliable information.

Over the last month, I focused my time and effort into creating a new resource: a full chart of the Illinois foreclosure mediation programs. Foreclosure mediation, which helps homeowners effectively communicate with lenders about their homes, is one specific area of court ADR in which RSI is deeply involved. RSI has been providing research and resources on foreclosure mediation programs since the housing crisis started and has successfully developed and now administers three foreclosure mediation programs in northern Illinois.

Currently, Illinois has a total of eleven foreclosure mediation programs throughout the state (below, you will find individual charts, or “snapshots”, for each of these programs). (more…)