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Lessons Emerge When Contrasting In-Person and Online Restorative Justice Sessions

Just Court ADR, September 28th, 2026

By Sandy Wiegand and Heather Fogg, RSI

Stock photo by Tima Miroshnichenko, via Pexels

As the field of ADR broadly engages with the continued development and advancement of the use of technology in dialogue and conflict resolution processes, some of the fundamental questions regarding in-person and online formats remain. In practitioner group gatherings around the country, mediators and facilitators continue to ask one another: What benefits or preferences do you see for in-person and online opportunities? For a process that includes restorative justice, facilitators often expect much of the anticipated impacts to come directly from bringing people together face-to-face in a well-balanced physical location. The question then of whether similar transformational effects may occur when creating online spaces has been especially relevant to these practitioners.

A recent article contrasting an in-person and an online implementation of a specific restorative justice process highlights the possible strengths and limitations of each format and the authors suggest ways to adapt more of the techniques used in person to an online setting.

Writing for The International Journal of Restorative Justice, authors Amy Giles-Mitson and Lindsey Pointer contrast implementations of Sustained Restorative Dialogue (SRD). SRD is a restorative justice practice in which participants gather in four separately facilitated circle sessions, while progressing in each circle through three phases of the restorative process.

In addition to one implementation being held in person and the other remotely, the scenarios for the two SRDs varied significantly in other ways.

The first, conducted in person, was the SRD pilot at Victoria University of Wellington in New Zealand in 2018. The article authors participated in this SRD as facilitator and participant-observer. The process brought together male and female (undergraduate) law school students and “focused on the prevalence of sexual harm on campus and engaged student participants in a dialogue about experiences, perceptions and impacts of sexual harm as well as collective brainstorming about what could be done differently to generate change.”

The second SRD that Giles-Mitson and Pointer analyze was facilitated entirely online in 2022 at Roberts Wesleyan University in New York. Undergraduate students of color were recruited to take part, and the process was used to consider the prevalence and impact of racial harm on campus. “Student suggestions for how the university could promote a more positive school climate and racial equity were shared with the administration and informed significant changes on campus.”

Because of the major context differences, the authors note up front that their findings from any comparison of the two are “not broadly generalizable.” That said, they go on to describe each of the SRDs through the lens of ritual theory and the phases that cultural anthropologist Victor Turner (1969) identified as necessary for transformative impact in a shared social space: separation, liminality and reincorporation. Each of the SRDs sought transformation through the designed process at both individual and systemic levels.

Separation: A Break from the Everyday

In the separation phase of a ritual, the authors write, citing Turner, “ritual participants are detached from everyday activities, social structures and cultural conditions in order to enter the designated social space of the ritual.”

Giles-Mitson and Pointer note that the in-person SRD had an advantage in being able to set up a physical space to help establish separation from the everyday world. For example, facilitators arranged chairs in a circle to communicate equality and the equal importance of the voices of all participants. They were able to adjust the lighting and minimize sounds and other distractions in the shared room. When facilitators welcomed entering participants and engaged them in friendly conversation, their body language reinforced the message that the circle would be “a connected and caring social space.” Finally, food was provided at the in-person SRD, contributing to a sense of hospitality for arriving participants.

When participants entered the online SRD by clicking a button, they too were welcomed by a friendly and kind facilitator. However, the authors note, “one-on-one or small-group casual conversations as the group waits for any remaining participants to arrive are more difficult to manage in a virtual meeting.” Furthermore, body language can be more difficult to discern via remote connection. And food was not and could not be provided at the online circle, at least not in the same way it was provided in person.

The authors did see some advantages to the online SRD over the in-person version, however. For example, holding the sessions online reduced potential barriers to participation in the forms of transportation, time and childcare needs. In terms of establishing separation from the everyday world, holding the sessions online may have given participants the opportunity to tailor their physical environment to their own particular needs and desires. “(T)hey may have benefited from being in the comfort of their own individual space and the increased accessibility of being able to join the process from anywhere,” the authors comment. They could also choose to go outside, eat their preferred snack, take deep breaths to prepare, etc.

Liminality: Radical Equality and Deep Connection

The second ritual phase identified by the anthropologist Turner is liminality. Liminality is “a social space characterized by radical equality and a subversion of normal social order,” the authors write. If participants feel equally valued and respected, it can lead to a sense of being “deeply and innately interconnected.”

One way the in-person SRD reinforced the message of equality of voice was the use of a talking piece to indicate who had the floor as speaker at any time. Giles-Mitson and Pointer also posit that sitting in a physical circle together enabled participants to “see each other as full people, reading body language as they listened to each other.” They add that “subtle verbal social cues such as laughter and small audible reactions were heard by all participants, contributing to a feeling of connection throughout the dialogue.”

In addition to not being able to physically engage in the same way the in-person SRD participants could, online SRD participants may have missed out on subtle communications because, when not speaking, group members used the Zoom mute function to avoid transmitting distracting background noises, the authors note. Furthermore, communication in the online circle was at times fragmented by people going on and off camera. One participant also had to leave some sessions early and missed some questions.

On the other hand, the authors point out, “the online restorative space may also provide a level of inherent equality that is not always possible in a face-to-face setting; everyone appears in the same view, the same sized box, etc., and everyone’s vantage point is the same.” Additionally, they write, the online space may be more comfortable “for participants who struggle in some social settings or need a specific environment to help them focus or feel at ease,” increasing their sense of equality.

Reincorporation: Transformed Re-entry

The third ritual phase identified by Turner is reincorporation. In this phase, ritual participants re-enter societal structures in a transformed way, carrying forward the lessons and sense of connection that surfaced during the session.

Both the in-person and online SRDs ended with a final circle round, inviting each person to share a final reflection, an activity that helps to mark the closing of the process and the return to normal life. At the end of each session of the in-person SRD, participants ate food provided for the event, often continuing the conversation and connection for a while before leaving the space, an activity that supported a slow transition back to their normal lives.

Takeaways and Recommendations

Along with pointing out aspects of the in-person and remote SRDs that facilitated the desired outcomes for each ritual phase, Giles-Mitson and Pointer describe the potential to adapt effective practices from each of the modalities to the other, focusing primarily on adapting in-person techniques to online sessions.

While the article notes several potential advantages of online implementation, when it comes to suggesting adaptations to in-person implementation, the authors focus on accessibility and simply ask “how can the accessibility of an online dialogue be replicated in in-person dialogues? Are there practical supports such as childcare and transportation or increased efforts to schedule around the needs and limitations of participants that could increase accessibility?”

Regarding the facilitation of an online restorative space, in addition to the techniques mentioned above that were employed by the Roberts Wesleyan University SRD, the authors recommend the following strategies (summarized):

  • Encourage participants to prepare for the session by eating a snack, going outside, making a cup of tea or taking deep breaths to center and transition into an intentional process.

  • Set up a Zoom waiting room with a calming visual and music that participants see before entering the session to help them make the transition.

  • Begin the meeting with centering exercises such as deep breaths, mindfulness processes or a relevant reading.

  • Replicate the in-person experience of passing a talking piece, using techniques such as posting a circle order in the chat and asking participants to say “I pass to ____” when they are done talking.

  • Encourage participants to have their cameras on for the entire dialogue process and to be as present and focused as possible, not splitting attention with other tasks or travel.

  • Include a closing ceremony or relevant reading to end the process, or a simple congratulations and thanking of each participant for their presence and contributions.

  • Share plans in advance for a more gradual transition out of the shared space. Encourage participants to stay on the call to talk informally. Facilitators can also send participants tea or another item to prepare and share together at the end of the session, or just encourage everyone ahead of time to plan to prepare a snack to enjoy with the group.

For Further Consideration

The authors give voice to questions and considerations that many restorative justice programs and practitioners have actively addressed since the increased use of online settings for restorative approaches. We would like to add to the conversation by noting some of the directions our future inquiries, case studies and evaluations of restorative work, both in-person and online, could take. While the longer history of in-person gatherings give a foundational framework to compare and contrast against online offerings, there are some additional qualities of online meeting spaces that may warrant deeper considerations, such as general inability to cross-talk in virtual meetings, the effects of human nervous system regulation in online and in-person settings, the impacts of being able to also see oneself more often in virtual meetings than in person, and the ability to more closely see faces and micro-expressions in online meetings.

As our methods, settings and ways of relating with one another move into new forms of technological norms, learning together will remain a vital core concern for all.

Mediation Program Settled Over 25% of All Evictions Filed in Kane County in 2025

Just Court ADR, August 28th, 2026

More than 1 in 4 eviction cases filed in Kane County, Illinois, in 2025 were resolved through RSI’s eviction mediation program, and most participants were satisfied with their mediation and the process. Participating tenants and self-represented landlords were consistently referred to additional resources such as legal and rental assistance. These are among the findings in a new report coming out in September on the Kane County Eviction Mediation Program’s performance in 2025.

Background

RSI, the Illinois’ 16th Judicial Circuit Court and other partners established the Kane County Eviction Mediation Program in spring 2021. RSI administers and continually evaluates the program with funding from Eviction Help Illinois, administered by the Illinois Equal Justice Foundation (IEJF). All residential eviction cases in Kane County are eligible for the program. Most referrals to mediation occur at the judge’s prompting during the parties’ first court hearing. Mediations typically occur over Zoom. After mediation, all parties are sent a survey about their experience.

Participation and Agreement Rates

In 2025, 1,561 eviction cases, including both residential and commercial eviction cases, were filed in Kane County. RSI only has access to data that doesn’t differentiate between residential and commercial filings, but we know that 697 residential eviction cases (or 45% of all eviction cases) were referred to mediation and that 591 cases (85% of referred cases and 38% of all eviction cases filed) were mediated. (Note that because of the data limitations, the above numbers actually underrepresent the share of residential cases referred to mediation and mediated.) At 85%, the rate of referrals that led to mediation is the highest in the program’s history, tied with 2023, indicating the program continues its high level of service.

Parties reached agreement in 71% of the cases mediated (421 of 591). This represents 27% of all eviction cases filed in Kane County in 2025 (including commercial cases, which are not mediated). Although agreements can enable tenants to remain in their units (with Illinois Court-Based Rental Assistance, for example), or stipulate that they move out by a certain date, all mediated agreements enable the tenants to avoid an eviction order, which would negatively affect their housing and legal record.

Satisfaction with Mediation

RSI sent approximately 1,172 post-mediation surveys in 2025 and received 117 responses, for a response rate of 10%. Of these, 55 were from tenants, three were from tenants’ attorneys, 10 were from landlords, and 49 were from landlords’ attorneys. Some survey questions ask participants to rate their experiences on a five-point scale, and others ask for write-in responses. Five ratings questions explore participants’ experience of procedural justice, including aspects of respect, voice, trust and fairness.

Participants in all three groups — tenants, landlords and attorneys — generally gave high ratings for all five procedural justice questions, with an average above 4 on a five-point scale for each. However, attorneys and landlords were more likely than tenants to rate their experiences highly.

Respect. Almost all participants felt the mediator treated them with “very much” respect. Of the 117 who responded to this question, 108 (92%) gave a rating of 5, indicating the mediator treated them with very much respect. In all, 112, or 96%, of respondents gave ratings of a 4 or 5.

Few respondents made comments referring to respect; all were positive. One tenant commented that “the mediator was respectful while keeping us on point and making sure both sides understood what was discussed.” A landlord attorney wrote “the moderator made absolutely sure everyone was heard and respected.”

Voice. 8 in 10 participants felt they could talk about what was important to them. Of the 117 people who responded to this question, 93 (79%) indicated they could talk about the issues most important to them, giving a rating of 4 or 5. Only 15 (13%) felt they were not able to express what was important to them. Tenants were less likely than landlords and attorneys to feel they were able to talk about the issues important to them, with 62% (34 of 55) rating their ability to do so at 4 or 5, compared with 94% of attorneys (49 of 52) and all landlords.

In comments, ten tenants talked about feeling heard in mediation, with eight making positive comments. For two tenants, being heard led to a good resolution. One said, “The mediator asked both sides questions and I was able to explain I didn’t contest the eviction, I just needed a little more time to get out of the house, and the landlords [sic] lawyer gave me more time.” The other stated, “I was allowed to communicate what was important to me and ultimately come to an agreement without feeling ignored or unheard.” Two landlords reflected this same appreciation for feeling heard, saying “[The mediator] gave both sides adequate time to explain each side” and that they felt “heard and understood.”

Trust. Most respondents indicated they trusted their mediator. This question received 115 responses, with 92% of attorneys (47 of 51), 90% of landlords (9 of 10) and 83% of tenants (45 of 54) rating their trust in the mediator as high or very high. Three (6% of) attorneys and three (6% of) tenants responded that they trusted their mediator somewhat. However, one attorney and six tenants (11%) indicated they only trusted their mediator a little bit or not at all.

One tenant who indicated trusting their mediator only somewhat (a rating of 3) also shared this comment: “Sometimes during the moderation session, I felt the moderator and the plaintiff attorney knew each other just a little bit too much in my opinion. Overall, I felt the moderator was trustworthy, but had a pervious [sic] relationship with the lawyer that was or could be considered Bias.”

Fairness. Most participants felt the mediator treated them very fairly. The participants in general had very positive assessments of how fairly the mediator treated them. Of the 116 participants responding to this question, 105 (91%) gave a rating of 4 or 5, and 95 (82%) indicated their mediator treated them “extremely fairly,” with a rating of 5. Only four participants (3%) did not feel fairly treated, responding with a 2 (a little fairly) or 1 (not at all fairly). There was little difference between tenants, landlords and attorneys as to whether they perceived their mediator to be fair, with 85% of tenants, 90% of landlords and 96% of attorneys giving ratings of 4 or 5. However, they differed in the strength of their rating, with 70% of tenants, 80% of landlords and 94% of attorneys giving a rating of 5.

Most participants — 8 in 10 — felt their mediation process was fair. Of the 111 participants who responded to this question, 90 (81%) rated the fairness highly, with a four or five; 72, or 65%, indicated their mediation was extremely fair. Only 11 participants (10%) did not find the mediation to be fair. Notably, however, seven participants who felt the mediator treated them fairly did not think the process itself was fair.

Landlords and attorneys were more likely than tenants to perceive their mediation as fair. Of the 54 tenants who responded to this question, 72% (39) rated it as a 4 or 5, compared with 84% of attorneys (43 of 51) and 100% of landlords. The difference is more apparent when looking solely at whether respondents perceived mediation as extremely fair. Fewer than half of tenants — 48% (25 of 52) — gave a rating of 5, compared with 78% of attorneys (40 of 51) and 88% of landlords (7 of 8).

When asked to explain their fairness ratings, ten tenants commented on the balance of power. One noted that mediation “gave both of us time to have discussions about the reasons and difficulties both tenants and owners are having.” Another indicated that the agreement took what they wanted into account: “We agreed to an extent on what each side wanted.” On the other hand, seven tenants gave low ratings for their experience and made comments indicating they felt they had no power or control over the outcome. Many laid blame on the other party. For example, one shared “I didn’t have a choice. It was either pay a HUGE monthly payment or lose my house. There really was no negotiation involved.”

Referrals to Other Services

The program places high importance on assisting parties holistically because people facing eviction typically have other needs. Thus, staff referred parties in almost all of the 697 cases referred to the program to additional services, including 99% to legal assistance, as well as the following:

  • 98% (683 people) to housing counseling
  • 19% (131 people) to utility assistance
  • 15% (106 people) to food assistance
  • 8% (53 people) to disability services
  • 4% (27 people) to victim advocacy services

Conclusion

The program is having an impact on almost half of all people facing eviction in Kane County, with more than a quarter avoiding an eviction order. The participants who go through mediation generally have a positive experience. They feel they have voice, feel respected and believe the process is fair. There is, however, a power imbalance between tenants and landlords that can make some tenants feel the process is biased in favor of the landlords, whom they see as having all the power in determining the outcome of their mediation.

Look for the full 2025 report on RSI’s website next month to learn more about the Kane County Mediation Program, parties’ responses to additional questions about their experiences, and more.

New Video Can Help Courts, Others Explain Mediation to Parties in Variety of Case Types

Jasmine Henry, July 24th, 2026

RSI is developing a tool for use by any court — and potentially others — with a mediation program: a brief animated video explaining the mediation process to parties in an easy-to-follow format. Topics will include: the purpose of mediation, the mediator’s role, confidentiality and exceptions to confidentiality, and what happens if parties reach an agreement. Because the video will focus on the general mediation process itself (instead of the topics discussed in mediation), it will be useful across multiple civil case types (such as child protection, eviction, foreclosure and small claims).

We will create the video in accordance with the findings from user testing in our ODR Party Engagement (OPEN) Project. Our user testing demonstrated that a short, illustrated video that uses plain language and an easy-to-follow narrative was effective at helping people understand the online dispute resolution (ODR) process in ways that other materials had not been. Testers not only understood ODR well, but they gave our model explainer video an average rating of 4.75 out of 5 for ease of understanding. One tester noted that the video was “to the point and easy to follow” without being “overly animated.” Others noted additional positive aspects: One tester appreciated the human voice, saying “it felt like there was somebody there, kind of explaining,” and another liked the shorter video, saying “it was very distinct and to the point and quick; I liked it.” Another tester shared that they felt the video would be “helpful for people that don’t do well … with reading or comprehending.”

Our new video will follow the same format and style as our OPEN video: It will be relatively short and will use animation, including illustrated characters reflecting the diversity of mediation participants. The video will provide viewers with necessary information to meaningfully participate in mediation, but not overwhelm them with information. Our research has shown that taking the “legalese” out of the conversation is likely to help participants understand and feel comfortable with the video.

RSI is excited to take this opportunity to help more courts around the country readily and easily prepare participants, particularly self-represented litigants, to participate in and get the most out of mediation. Be sure to follow RSI’s Court ADR Connection newsletter and Just Court ADR blog for the rollout of the video later this year.

COVID’s ERA and Beyond: How Rental Assistance Affects Eviction Mediation

Stephen Sullivan, June 18th, 2026

Recently, we looked back at the past five years of RSI’s Kane County Eviction Mediation Program. When we launched the program during the COVID-19 pandemic, an eviction moratorium was in place and the prospect of mass evictions loomed. Families feared losing their homes, landlords contended with uncertainty over managing property costs, and courts were concerned about their capacity to handle the anticipated volume of eviction cases.

Stock Photo by Nicola Barts via Pexels

The program’s primary goal has been to provide mediation as an opportunity for tenants and landlords to avoid eviction and pursue alternative solutions. One of the key ways we support this work is to connect parties to resources that may help them navigate their situation, including legal aid and information, financial counseling and, crucially, rental assistance. During the pandemic, the Emergency Rental Assistance (ERA) program helped renters who fell behind on payments. In the years since, our staff has continued to reach out to state and local programs to determine what assistance is available and to share this information with parties.

In this article, I discuss the program’s role in sharing resources with parties and how the availability of rental assistance supports positive mediation outcomes. I also discuss recently published research by Eviction Lab analyzing the ERA’s impact across the country.

Sharing Resources with Parties

Most eviction cases that enter our program involve nonpayment of past due rent due to financial hardship. Rental assistance programs provide emergency relief in such cases; funds can cover back rent or a set amount of future rent for eligible applicants. Rental assistance benefits both tenants and landlords. It ensures landlords get the rent they are owed and helps tenants maintain their housing and avoid having an eviction on their record.

However, tenants and landlords often do not know how to access these funds or how to determine their eligibility. Sometimes these programs are also paused as states or localities determine their budgets. These factors may prevent interested parties from knowing about or accessing critical resources to ease their situation. 

This is where the Eviction Mediation Program steps in. As Program Manager Christina Wright shared, “Our program has the opportunity to keep the court and parties informed of these programs, increasing the likelihood of use with or without mediation. Rent assistance is a lifeline for both landlords and tenants and often plays a role in resolving said cases.” Our program staff regularly refers tenants and landlords to rental assistance programs, particularly the Illinois Court-Based Rental Assistance Program (CBRAP), which provides up to $10,000 to cover past due rent and/or funds to cover two months of future rent.

Rental assistance is especially time sensitive because application approval and disbursement of funds cannot happen immediately. At this early stage of the case, self-represented tenants and landlords are often overwhelmed by the amount of information they receive and feel unsure about what they need to do. This is where the mediation program’s intervention can make a meaningful difference. Ensuring parties can effectively and capably access the resources they need remains a core part of the work we do.

Rental Assistance Benefits to Mediation

RSI connects tenants and landlords to resources at various points of the mediation process. Beyond the direct benefits they provide, these resources also help parties better prepare to participate in mediation. As a result, parties are able to develop agreement terms that are practicable.

Without rental assistance resources, the scope of possible solutions narrows. Financial issues may remain unresolved if tenants feel unsure about what they can pay or are pressured to agree to payment plans that they later cannot meet. “We see fewer opportunities for parties to settle with a ‘pay and stay’ agreement,” shares Wright. RSI’s evaluation of New Hampshire’s Eviction Diversion Program found a similar trend. When the state’s rental assistance funding ended, overall agreement rates held, but the proportion of agreements to stay dropped (from 62% before rental assistance ended to 31% afterward).

Research on other eviction mediation programs finds that the availability of rental relief contributes to positive mediation outcomes. For example, an evaluation of Hawai’i’s Act 57 mediation program, established to anticipate the end of the state’s eviction moratorium in August 2021, found that 66% of agreements that involved the repayment of back rent noted the use of rental assistance[1]. Mediators and attorneys interviewed for the study agreed that rent relief helped parties to resolve their disputes[2].

A similar evaluation of an Eviction Diversion Program in Philadelphia found that cases were less likely to result in a subsequent eviction filing if parties received rental assistance (7.4% filing rate) than if they did not (42.2% filing rate). The researchers also note that provision of rental assistance made a meaningful impact in lowering court filing rates whether or not parties mediated or reached an agreement. The lowest rates were among those who received assistance, mediated and reached an agreement (4.2%) and those who received assistance, did not mediate but reached an agreement (1.8%).

When RSI launched our eviction mediation program, ERA was the largest source of rental assistance funds. Eviction Lab recently conducted a study on whether ERA was successful at reaching those who needed assistance most and what patterns emerged in how states distributed funding. Overall, their data suggests that ERA spending was significantly higher in high-risk neighborhoods —where eviction cases were most concentrated before the pandemic. They found that ERA also reached the demographics most at risk for eviction, including renters in majority-Black and majority-Hispanic neighborhoods. Additionally, households with children and those with higher unemployment rates received higher rates of funding than those without children or with lower unemployment rates. States varied in how they distributed funds, but Eviction Lab’s data suggests that these variations had little effect on national patterns: “the distribution of aid matched the geography of housing insecurity.”

Conclusion

These findings point to the benefit of having external support programs such as rental assistance to promote mediation program objectives and help tenants and landlords avoid eviction. Reaching parties who may not know what resources are available or how to access them remains a challenge. This is where effective communications — such as those we identified in our OPEN Project — can make a meaningful difference. The RSI research team is currently working with the eviction mediation program team to update our program materials to ensure parties can effectively learn about the program and access the resources they need. Stay tuned for updates on this project.

[1] The researchers note that it is unclear whether the remaining 33% of cases did not involve rental assistance or if the mediator did not make reference to it in the settlement agreements.

[2] The researchers note that while rent relief availability is an important factor to ensuring housing stability, it alone does not ensure such an outcome. They note that combining rent relief with a robust pre-litigation mediation process strengthens mediation outcomes.

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