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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘program design’

Getting the Story Right with Data to Make the Right Decisions

Jennifer Shack, October 20th, 2016

I’m a data geek. I love poring over data and running analyses to see what story unfolds. On the national level, data can tell us the story of our rise as an industrial power and how that changed how people lived and worked. On a local level, it can tell the story of how the closing of a factory affects the fabric of a community and the institutions that bind it. For foreclosure mediation programs, the data can tell the story of how homeowners are affected by changes to the program. Thus, I was eager to find out how changes to the court rules in the 19th Judicial Circuit of Illinois at the beginning of this year would play out. What story would the data tell? (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…)

Bringing Court ADR Programs into the Courtroom

Kimberly Ackmann, May 8th, 2015

As the RSI foreclosure mediation team continues to incubate foreclosure mediation in Illinois, we have explored a variety of ways to reach out and connect with homeowners who could benefit from our programs’ services. One approach has been to establish our programs’ presence at the courthouses where homeowners are attempting to navigate the foreclosure process. Going to court can be an overwhelming or intimidating prospect for homeowners facing foreclosure. Providing information about available resources like the foreclosure mediation programs can be a great opportunity to connect with homeowners.

As the program coordinator for Illinois’ 17th Circuit’s Foreclosure Mediation Program, I began to explore whether increasing the program’s presence in the courtroom could increase our impact on the community. With this goal in mind, I recently started meeting potential parties at the Winnebago County Courthouse in Rockford. I go over to the courthouse during the foreclosure court call so that I can work directly with homeowners interested in participating in foreclosure mediation. Because I am waiting right outside the courtroom, the presiding judge can refer homeowners into the mediation program and send them directly to me for more information. I am also available to answer more general questions that homeowners or attorneys may have about the program and other area resources. In deciding to increase the presence of the foreclosure mediation program at the courthouse, I looked to other models around the state for ideas about how to proceed. Since instituting my own procedure, I’ve learned more about what can make these efforts most effective. For other programs looking to expand their court presence, here’s what I’ve learned. (more…)

Canada’s First Online Tribunal Getting Ready to Launch

Shawn Davis, April 10th, 2015

In 2012, British Columbia passed the Civil Resolution Tribunal Act, which established a new aspect of BC’s justice system that will provide online dispute resolution services for strata (condominium) and small claims cases. The Civil Resolution Tribunal (CRT) will be Canada’s first online tribunal and is expected to launch later this year. The CRT will take disputants through a series of online tools designed to help resolve the dispute as effectively and efficiently as possible. For example, disputants first will be led through resources designed to provide information and diagnose the problem. The next phase involves part-to-party negotiation through the online system. For parties that are unable to negotiate a settlement on their own, the next phase offers case management and facilitated dispute resolution. Parties still unable to come to an agreement may move to adjudication, where they will be able to ask the tribunal to issue a decision. Because the CRT’s dispute resolution services will be available online, users will be able to access them from home or from a mobile device, 24 hours a day. To further facilitate access to justice, the CRT will allow “helpers” to aid disputants who do not read English or need assistance with technology. The language access already provided by the court will be made available, and the CRT will also employee multilingual staff, when possible, and make telephone interpretation available.

Last month, Bill 19, the Civil Resolution Tribunal Amendment Act, was introduced in the legislature. The amended act would require most strata and many small claims cases to be diverted to the CRT, expanding its authority. (more…)

Mediation Program Outreach: Reflecting on What Works

Shawn Davis, February 10th, 2015

RSI started running three foreclosure mediation programs in 2014, which means we’ve spent a lot of time over the last year thinking about how to make mediation services more accessible and increase program usage rates. Such issues can be a challenge and often require creativity, especially with limited resources. Here’s what we’ve learned:

Meet People Where They’re At

Reaching the homeowners who would personally benefit from our services is always a challenge. In an effort to spread the word about our foreclosure mediation program, we’ve attended countless city council meetings, real estate events, church events and even carnivals. While getting out into the community is really important for forging relationships with community leaders and getting press coverage about mediation services, it can be a difficult way to identify and connect with those we serve. The more that outreach efforts can directly target a pool of eligible program participants, the better. However, this kind of targeted outreach, such as going door-to-door to homeowners in foreclosure, can be extremely expensive and labor-intensive. The alternative, which we have found to be both effective and efficient, is to have homeowners referred directly into the mediation program when they come to court to appear for their foreclosure case.

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