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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘mediation’

Mediation Shouldn’t Be More of a Barrier Than a Boon

Susan M. Yates, March 17th, 2017

When it comes to defining mediation, I am not a strict constructionist. As long as a mediation program operates within the ethical boundaries, such as confidentiality, neutrality and voluntariness, which are articulated in the Model Standards of Conduct for Mediators, I can agree with a wide variety of approaches.

Unfortunately, sometimes certain entities (e.g., courts, governments, schools, corporations) seem to use the word “mediation” as cover to make a process that is not really mediation appear more palatable. It is worse yet when the purpose of the program appears to be to create a set of hurdles. One of my core principles in mediation system design is that a mediation program should ease the path to resolution, not erect barriers to it.

A program being developed by the City of Concord, California, to address rising rental rates is looks like the latest example of breaking this principle. (more…)

Reflecting on RSI Focus Groups in Washington, DC

Susan M. Yates, March 1st, 2017

Last week I had the honor of accompanying Jennifer Shack, RSI’s remarkable Director of Research, to Washington, DC. Jen is the principal investigator on an RSI evaluation of the child protection mediation program[1] in the DC Courts. I came along to facilitate the focus groups that are part of the evaluation. Each of the focus groups brought together a distinct group of lawyers who participate in mediation regularly: Guardians ad litem, lawyers for parents and prosecutors. The focus groups provided insight into how differing interests shape how mediation is perceived.

I found that my mediation skills, honed over many years, made it easy to shift into the role of focus group facilitator. Asking open-ended questions, encouraging everyone to participate and keeping the conversation moving were all familiar. Unlike mediation, the group didn’t have a goal of reaching agreement and I found that to be kind of liberating! What was more surprising to me was that it was difficult to remove my trainer/teacher “hat.” When a participant made a comment based on a misunderstanding of mediation, I had to resist the urge to engage in a conversation to educate the participant about mediation.

The groups of lawyers came from very different perspectives and often had different goals for mediation. (more…)

Mediation: A Tool for Self-Reflection?

Ashlee Patterson, December 23rd, 2016

Recently, I attended a panel discussion about ADR and police brutality, which was presented as part of a regular ADR brown bag series sponsored by the Cook County Circuit Court. At a time when police brutality and race relations have been all over the news, this panel discussion was pertinent to me. Not only because of its presence in the news, but also because of its personal significance to me as a member of the African-American community. So I went to the panel, armed with my notebook and pen, ready to take copious notes. My goal: end police brutality with ADR techniques. Spoiler alert: I did not walk away with the key to end police brutality.

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Maryland Research Offers Insight into What Works (And What Doesn’t) in the Mediation Room

Jennifer Shack, June 29th, 2016

I had the honor of presenting at the Maryland Judiciary’s ADR Research Symposium a couple of weeks ago. The purpose of the symposium was to inform judges and court personnel of the results of a six-year research project examining ADR programs and processes. It reminded me of just how well Maryland has planned and implemented its ADR system. Because it serves as a model, I’d like to provide a little background about this before discussing the research. (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…)