When RSI launched the Kane County Eviction Mediation Program in May 2021, the Chicago collar county was facing the prospect of an onslaught of evictions as it became evident that pandemic-related eviction moratoria could soon wind down. Having cost so many lives and livelihoods, COVID-19 was also threatening people’s homes.
Today, as the eviction mediation program nears the milestone of five years in operation, we are taking the time to reflect on its goals and share some of its outcomes, including observations from some of the folks involved. Stay tuned in the coming weeks, too, for a more detailed and rigorous report from our Research Team, evaluating the program’s performance in 2025.
Goals and Opportunities
RSI and Illinois’ 16th Judicial Circuit developed the Kane County Eviction Mediation Program together because we saw its potential to help families avoid sheriff’s eviction, as well as to help the court — which had only one eviction judge — manage the “tsunami” of evictions some feared would overtake it when the state’s eviction moratorium ended. Supporters also recognized that the grant-funded mediation program, which was free to participants, could benefit landlords by being cost-effective and potentially helping them to avoid empty units.
One of the program’s early, vital proponents was Judge John Dalton, who presided over Kane County Eviction Court from the program’s inception through December 2023. Judicial support has been key to the success of the program, as a 2022 RSI report stated: “The program can only function if the judges support it both by educating the parties about the resources available to them and by either strongly encouraging or requiring the parties to attend mediation. When tenants and landlords are educated about the benefits of mediation, they are more likely to want to participate.”
Noting that Kane County had been the first in Illinois to launch an eviction mediation program, Judge Dalton commented in 2023: “We have been overwhelmingly pleased with the outcomes. It has been successful in assisting landlords and tenants in reaching mutually beneficial agreements.”
Those with ADR experience, including RSI, foresaw another set of benefits from the eviction mediation program. One was the opportunity for parties to experience procedural justice, elements of which include feeling able to express oneself in mediation, finding the mediation process fair, and feeling satisfied with the process. We also knew that mediation carried the possibility of parties finding creative solutions in a way that was unlikely to occur in court.
Furthermore, because mediation was conducted online, and because the program did not charge parties any fee, it could increase access to justice.
“(B)eing able to participate in mediation remotely via Zoom has been a huge benefit to all parties,” RSI Eviction Mediation Program Assistant Cathy McCoy noted. “Attending mediation and court in person in Kane County can be difficult without access to transportation, given the layout of the county.”
Mediations, Agreements and Avoided Evictions
Over the course of its existence, the Kane County Eviction Mediation Program has mediated almost 3,000 cases, which led to more than 2,100 agreements that helped parties avoid eviction. RSI program staff has also connected thousands of parties to support such as financial and housing counseling, legal aid, utility assistance and rental assistance.
Cathy, who joined RSI’s staff in 2025, has also been a paid mediator for RSI since the program’s beginning. In 2024, her dedication to providing a supportive process for eviction mediation parties led her to begin volunteering in person at the Kane County Courthouse in Geneva, Illinois, as well. (Although parties can attend mediation and court online, some still choose to attend in person.)
“Eviction mediation can benefit both tenants and landlords, both by shortening the time it takes to resolve their case and by reducing the stress level so that parties can focus on the future and make difficult decisions,” Cathy told us in 2024. “Most importantly, mediation can help avoid evictions and provide a bit of stability during challenging times.”
Tenants in eviction cases are overwhelmingly self-represented, and they often feel overwhelmed and powerless trying to navigate their case. Access to mediators and other support personnel can reduce their barriers to justice. “I often work with pro se parties that express gratitude that RSI mediators help them understand the process and empower them to make decisions, when the expense of an attorney would be a financial burden,” Cathy explained.
Sophie Rexrode is an Illinois Justice Corps fellow who has worked alongside Cathy at the courthouse, providing parties with information about the eviction court process, mediation and rental assistance. Sophie points to the program as a means to improve access to justice, while also noting that promoting dialogue can have additional, less obvious impacts.
“(B)uilding out parallel and alternative ways of resolving issues is tremendously important if we are interested in having a justice system that works for everyone, and the eviction mediation program is a significant step in that direction,” Sophie said recently of the program. “I also think that opening doors for dialogue in the community is critical, and the benefits from that ripple outward even if an individual case doesn’t get resolved.”
Judge and Party Feedback
In 2024, a new presiding judge was assigned to the Kane County Eviction Court and its eviction mediation program. Judge Elizabeth Flood oversaw the mediation program from January 2024 through December 2025. “I think the program was effective in facilitating communication between the parties and giving tenants the possibility of keeping their housing or negotiating more favorable terms to move or decrease debt,” she told RSI recently.
Many on the other side of the bench seemed to agree with this assessment. RSI’s Research Team regularly surveys Kane County Eviction Mediation Program participants as one way to evaluate the program’s effectiveness. Although feedback on the program has not been universally favorable (read full reports on the program’s survey responses on RSI’s website), the great majority of comments have been positive. Here are a few:
“When people go through a difficult time, this program gives them a chance.”
“This program is a life preserver to a drowning person. Thank you.”
“This process gave me hope that I could get through a difficult time in my life, without having to further upset my life via eviction! I am very grateful!”
And apart from the surveys, just this month, a landlord emailed program staff to say:
“I truly have nothing but incredibly positive things to say so far in the mediation process and [staff member] was beyond helpful.”
The same week, an attorney sent staff the note:
“I generally have nothing but positive things to say about the mediation program. It has helped me resolve [many] cases over the past few years. … I appreciate that the program is available to facilitate resolution.”
Procedural Justice
RSI’s post-mediation surveys of Kane County Eviction Mediation Program participants focus in particular on measures of procedural justice, or the degree to which people feel they have been treated fairly during the process. In addition to being a useful gauge of participant satisfaction, procedural justice is important to the effectiveness of mediation. When people leave mediation with a sense of having been treated fairly, they tend to be more likely to abide by the agreement reached.
RSI’s survey asks questions about voice, fairness, trust in the mediator, respectful treatment by the mediator and more. Throughout the lifetime of the Kane County program, survey respondents have consistently given it high marks for procedural justice. For example, parties who responded to RSI’s surveys after participating in the program in 2025 gave an average rating above 4 on a five-point scale for each of the five procedural justice questions.
Comments from parties often reflect their appreciation for having a voice in the process and feeling respected. For example, tenant comments from surveys on mediations held in 2025 included the following:
“[Staff member] and [mediator] … made me feel important, I was heard, I was treated fairly and it made a stressful situation very comfortable …”
“[Mediator] did a great job at making sure both myself and my landlord were ‘heard.’”
“The mediator was fair with both sides which is all anyone could ask.”
Likewise, landlord’s attorneys who took surveys provided the following comments regarding 2025 mediations:
“Mediator was fair to both sides and not overly pushy toward settlement. Mediator was incredibly inquisitive, prompting both sides to be more honest or consider things they had not considered. Mediator was patient and thorough, made sure the case was settled and worked through tech issues with the tenant.”
“The resolution took into account the requests and needs of both sides.”
Asked about the program’s impact on parties, Judge Flood summarized: “I believe most parties felt they had a greater opportunity to express themselves and be heard than in a busy courtroom.”
Benefits to the Court
Both Judge Dalton and Judge Flood also credit the Kane County Eviction Mediation Program with helping the court run smoothly.
“Around 70% of the cases referred to mediation were resolved with a settlement agreement,” Judge Flood noted, “which streamlined the court process, led to quicker resolutions, and alleviated the need for trial settings on the majority of the cases.”
“Thanks to this program, the court has been able to run efficiently during an eviction surge,” Judge Dalton said.
RSI is grateful to the funders of this program over the years, including the American Arbitration Association – International Center for Dispute Resolution Foundation and the Illinois Equal Justice Foundation.
A Q&A With Judge Flood on ADR, Mediation
RSI has administered the Kane County Eviction Mediation Program in Illinois’ 16th Judicial Circuit since 2021. Hon. Elizabeth Flood, the first woman to be appointed Presiding Judge of the Family Division in the 16th Circuit, presided over the Kane County Eviction Court and oversaw this mediation program from January 2024 through December 2025. During Judge Flood’s time overseeing the program, it mediated over 1,100 cases, reached almost 800 agreements, and avoided eviction in 792 cases. Throughout the life of the program, it has also connected thousands of parties to support such as financial and housing counseling, legal aid, utility assistance and rental assistance.
With Judge Flood having recently been transferred to another courtroom, we wanted to catch up with her while her thoughts on the Kane County Eviction Mediation Program were still fresh.
What were your initial thoughts about the mediation program when you were assigned to the Kane County Eviction Court?
I was curious about the impact it had on the cases and resolutions.
Did you have previous interest in, or exposure to, mediation or other types of ADR?
I had presided over a family/divorce courtroom for six years, and we often used individual mediators in those cases to resolve parenting and financial issues. In the courtroom which handled evictions, I also presided over arbitration cases, in which parties were ordered before an arbitration panel to facilitate resolution before trial.
How would you describe the impact of the Kane County Eviction Mediation Program?
I think the program was effective in facilitating communication between the parties and giving tenants the possibility of keeping their housing or negotiating more favorable terms to move or decrease debt. I believe most parties felt they had a greater opportunity to express themselves and be heard than in a busy courtroom.
Around 70% of the cases referred to mediation were resolved with a settlement agreement, which streamlined the court process, led to quicker resolutions, and alleviated the need for trial settings on the majority of the cases.
What were some challenges for/with the program?
Some counsel representing landlords did not like the intervening step and subsequent three- to four-week delay if a case could not be resolved. A few did not come to mediations prepared with full information or a mindset to negotiate. We had meetings with many of the plaintiffs’ counsel explaining the benefits to both sides and the expected behavior and parameters.
You were also a part of an ADR Task Force created by the Illinois Judicial Conference as part of its 2025 Strategic Agenda Operational Plan. The 2026 Strategic Agenda Operational Plan has a similar ADR initiative Are you still involved?
The task force is continuing; I am not involved as I recently moved to a courtroom which does not utilize arbitration, so I did not feel I had adequate background and knowledge to meaningfully contribute at this point.
Why did you join the task force? What did you gain from the experience?
I was nominated to the task force; I gained a better understanding of the challenges and benefits from all stakeholders in arbitration programs.
How has your understanding of ADR evolved after partnering with the mediation program and participating in other ADR projects?
Both programs shed light on the issue of better communication between the parties leading to better outcomes in court, and the role the courts can play in encouraging and facilitating this communication.
Are there any lessons or experiences you bring with you into your new courtroom from your time in eviction court?
I will look for instances in which mediation or arbitration may be helpful in resolving any cases, in order to increase the efficiency of the courtcall for all sides.
