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Just Court ADR

The blog of Resolution Systems Institute

Author Archive

New to RSI’s Resource Center

Nicole Wilmet, May 7th, 2021

Did you know that RSI’s Resource Center is the most comprehensive and respected source of information on court ADR anywhere? Housed within the Resource Center is the Research Library which has an extensive annotated collection of court ADR resources such as articles, studies, court rules, statutes and court forms.

RSI’s Resource Center Director Nicole Wilmet regularly adds new resources to the Research Library. The following list highlights a few of the resources that have recently been added.

We hope these resources are helpful to you in your work!

New to RSI’s Resource Center

Nicole Wilmet, April 1st, 2021

Did you know that RSI’s Resource Center is the most comprehensive and respected source of information on court ADR anywhere? Housed within the Resource Center is the Research Library which has an extensive collection of court ADR resources such as articles, studies, court rules, statutes and court forms. 

RSI’s Resource Center Director Nicole Wilmet regularly adds new resources to the Research Library. The following list highlights a few of the resources that have recently been added. 

We hope these resources are helpful in your work! 

Illinois Supreme Court Issues Order Encouraging Use of ADR for Evictions

Nicole Wilmet, March 30th, 2021

For months, the U.S. has been preparing for an anticipated wave of evictions and foreclosures due to COVID-19. A recent report from the Consumer Financial Protection Bureau (“CFPB”) suggests that the amount of potential foreclosures and evictions the U.S. is facing is at a level that hasn’t been seen since the height of the Great Recession in 2010. In the report, the CFPB notes that, as of December 2020, 11 million U.S. renters and homeowners are significantly overdue on their regularly housing payments and are at risk of foreclosure or eviction. 

As I have previously reported, courts across the country have been preparing for this wave of evictions by exploring using alternative dispute resolution (ADR) for eviction cases. In February, the Illinois Supreme Court issued an Order that authorizes and encourages Illinois courts to use ADR for eviction cases and establish Eviction Early Resolution Programs. The Order leaves room for courts to choose whether their programs will be voluntary or mandatory and select the type of ADR that their program will use. Additionally, the Order encourages circuits to allow parties meaningful opportunities to access various counseling services such as financial, housing and relocation services. Additionally, the Order encourages court programs to provide opportunities for unrepresented parties to obtain legal information or representation. To aid courts in developing their eviction programs, the Court highlights a collection of program resources that includes samples of Eviction Early Resolution Programs from both within Illinois and in other states (including Michigan and Texas). 

New to RSI’s Resource Center

Nicole Wilmet, March 3rd, 2021

Did you know that RSI’s Resource Center is the most comprehensive and respected source of information on court ADR anywhere? Housed within the Resource Center is the Research Library which has an extensive collection of court ADR resources such as articles, studies, court rules, statutes and court forms.

RSI’s Resource Center Director Nicole Wilmet regularly adds new resources to the Research Library. The following list highlights a few of the resources that have recently been added.

We hope these resources are helpful in your work!

New York Court Launches ODR Pilot Program for Small Claims Cases

Nicole Wilmet, February 26th, 2021

In January, Manhattan’s Civil Court launched an online dispute resolution (ODR) pilot program for small claims cases. The program is designed to assist self-represented parties and eligible cases include disputes regarding the purchase or sale of goods or services up to $10,000. Cases meeting these criteria will automatically be referred to the program and then be screened for eligibility. If eligible, parties will have the opportunity to negotiate through the platform to resolve their dispute.

New York’s new program uses the Matterhorn platform and is free for parties. In a press release for the program, the court indicates that the new ODR platform will lead parties through an “automated double-blind bidding process, in which each party makes an offer that may only be disclosed after both offers match [and] depending on the outcome.” In this helpful video, the court explains what this process looks like in practice. As the video explains, once on the platform, both parties will be invited to submit a proposed settlement amount. In the example from the video, if one party submits a settlement amount for $800 and the other party presents a settlement amount for $200, then the program will use the overlap between these two amounts and split the difference in half (ex: $500). From there, the platform will present this amount to the parties as a proposed solution. If the parties are able to agree to the proposed amount, the platform will then guide the parties through negotiating the other terms of the settlement.

In the event parties are unable to reach an agreement, the ODR platform will then present several other resolution options to the parties. First, the platform will give parties the opportunity to communicate with each other through a chat interface to see if they are able to reach a settlement. Second, if the parties are still unable to reach agreement, they will be given the option to work with a mediator. Finally, if the parties do not want to proceed with chat and mediation, or were unable to reach an agreement in mediation, parties will then have the option to proceed to court. For additional information about the program, visit the program’s website or contact the Civil Court of the City of New York by phone at 646-386-5484.