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Just Court ADR

The blog of Resolution Systems Institute

Archive for 2013

Montana Overwhelmed by Record Number of Cases; Looks to Innovate

Jennifer Shack, May 7th, 2013

Montana’s civil caseload topped 50,000 last year. That may not seem to be a lot to those in more populated states, but it’s enough to drive the state’s legislature to act. Citing an overwhelmed bench and litigants deprived of “prompt, careful consideration,” the legislature issued a joint resolution that the state evaluate the cost and effectiveness of current court processes and “identify measures that will help improve the administration of justice and promote the nonadversarial resolution of family law disputes.” It’s yet to be seen if the study will be undertaken, as studies requested by the legislature are prioritized at the end of the legislative session.

It’s great to see a state legislature looking to get data on court performance and trying to find evidence-based solutions to what appears to be a problem for the courts. They say necessity is the mother of invention. Here, it appears to be the mother of evaluation as well.

New Perspective on Domestic Violence and Mediation in Montana

Just Court ADR, April 26th, 2013

Should domestic violence survivors and their abusers ever undergo family court mediation together? This is one of the thorniest debates in the ADR community. This week, the Montana Legislature weighed in with a qualified “yes.” The legislature passed a bill to revise state mediation laws on domestic violence. The bill, HB 555, enables survivors to give informed consent to mediation, while requiring specialized training for eligible mediators. This reverses the state’s prior understanding, in which a suspicion of any past abuse between parties, whether physical, sexual, or emotional, created an “absolute bar” to any court-ordered mediation. The history of the Montana mediation rules captures the evolution of thought on this topic, from rule creation to court re-interpretation to legislative refinement. (more…)

Oregon Senate Passes Bill to Expand Foreclosure Dispute Resolution

Jennifer Shack, April 24th, 2013

Last year, Oregon created a dispute resolution program for non-judicial foreclosure cases. The program didn’t work as well as hoped. The program’s start coincided with an appeals court decision that pushed foreclosures into the judicial system. That, along with some issues with the legislation enacting the foreclosure dispute resolution program and lender reluctance to participate, led to very few cases being mediated. A lot of work has been done since then to find ways to encourage use of dispute resolution. The effort that appears to have gained the most traction is to expand the foreclosure dispute resolution program to include cases going through the judicial process. (more…)

RSI Talking about Research and Ethics at the ABA Dispute Resolution Section Conference

Jennifer Shack, March 28th, 2013

If you’re going to the ABA Dispute Resolution Section’s Spring Conference in Chicago next week (April 3-6), I’d like to invite you to a lunch discussion during the Court ADR Symposium on Wednesday. I’ll be facilitating the discussion, “Developing a Structure and Process to Set the Mediation Research Agenda,” which will explore the possibility of taking research about ADR in the court context to a new level through the creation of a national Court ADR Research Consortium. (The ABA requires lunch registration.) (more…)

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