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Just Court ADR

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With Thanks to My Family, My Mentors and America, Recognizing our Professional Obligation to Keep Open the Gates of Justice

Just Court ADR, May 21st, 2025

On April 25, 2025, RSI presented its Harris H. Agnew Service to Community Award to Hon. Morton Denlow (Ret.). Many in attendance commented on how moving they found Judge Denlow’s acceptance speech, and he has been gracious enough to allow us to share it with you today. The speech has been edited for length. 

Thank you for this award. It means a great deal to me because Judge Harris Agnew was an innovative leader on the bench and at RSI in promoting access to justice through the use of ADR in our courts. This award gives me the opportunity to thank my family, the people who made the award possible, and those who mentored me and were role models to me throughout my career as a lawyer, judge and mediator. It also gives me an opportunity to tell you about my personal and professional journey and to emphasize the important role our profession and RSI play in providing equal access to justice in our courts.

A Little About How I Got Here

I want to thank America for welcoming my parents, a younger brother and me to this country in 1949. I am an immigrant. My parents were Polish Jewish Holocaust survivors. My mother was 14 and my father was 26 when the Nazis invaded Poland in 1939. They miraculously managed to survive for six years through World War II. They both lost their parents and most of their siblings and other family members during the war.

My parents met in a displaced persons camp outside of Munich in 1946, where they married and had their first two boys, including me. Our family immigrated to St. Louis, sponsored by an aunt who had immigrated with her family to St. Louis years before the war.

My parents became naturalized citizens in the federal courthouse in St. Louis in 1955. My favorite duty as a Magistrate Judge was to welcome new citizens and conduct Naturalization ceremonies where I could share my own experience as an immigrant.

My parents raised six kids: five sons and one daughter. I was the oldest. They were tailors and eventually opened their own tailor shop. My mother took over and ran the tailor shop after my Dad passed away when I was 23 years old and my youngest brother was only 4.

Fortunately for my family back then, America welcomed immigrants fleeing the ravages of war and provided my family with freedom, liberty and opportunity. The memory of my parents inspires me every day in both my personal and professional life.

I was fortunate to attend a Jewish day school through ninth grade when I had my first court appearance. Our ninth-grade class took a field trip to Washington, D.C., where we entered the Supreme Court building with the inscription “Equal Justice Under Law.” To our great surprise, we were ushered into the chambers of Chief Justice Earl Warren, where he spoke to us and answered questions about the court and his work. I looked around, and I thought: This might be a wonderful job. I later wrote a term paper about him and set my sights on going into law.

I attended a wonderful public high school and earned a scholarship to Washington University. I met my wife, Reva, during freshman orientation. I was walking around campus with a friend when we saw Reva walking ahead of us with her friend. I used my best pickup line: “Hey, girls.” It worked. We were married after our junior year. Fifty-six years later, we are still going strong.

My Career as a Lawyer

We moved to Chicago, where Reva worked as a teacher to put me through law school at Northwestern. I spent 24 years at several law firms in Chicago doing complex commercial and class action litigation.

During that time, I was privileged to have a number of great mentors and role models who were not only outstanding lawyers, but who also taught me the importance of pro bono work and public service. Bob Gettleman hired me and mentored me at my first job. He continued to mentor me after I joined the court. He now serves as a Senior District Court Judge here in Chicago. As a young lawyer I also worked closely for several years with the late Abner Mikva, who left private practice to serve as a congressman, D.C. Circuit Judge and counsel to President Clinton.

I was also privileged to be a young partner to the late Lowell Sachnoff, the top class action lawyer in Chicago for many years, who was still doing pro bono work representing Guantanamo prisoners into his late 80s. Lowell mentored a whole group of young lawyers who still meet monthly as Lowell’s “ducklings.”

These and other fine lawyers mentored me and led by example. At the same time as they managed a busy law practice they gave back to the community in a variety of pro bono activities, by taking cases, stepping up to community leadership roles and leaving private practice to perform public service.

How I Became Involved in Mediation

I had my first experience with mediation in the early 1990s. Two brothers were fighting over the ownership of a beer distributorship. They were in their 70s, and we appeared before Judge Sophia Hall to set the case for trial. She looked at our clients and said to the lawyers: “Why don’t you think about going to mediation?” I responded, “What is mediation?” I had no idea. She explained the mediation process and suggested we retain Professor Stephen Goldberg at Northwestern Law School to mediate the case. Our clients agreed. He mediated and helped the brothers settle the case through a creative buyout of my client’s interest in the business by his brother. My client was pleased.

A few weeks later, I called Professor Goldberg and said: “Can we have lunch? I want to find out how you did that.” He recommended I reach out to Linda Singer and Michael Lewis in D.C. and take their multi-day course. I took the course and came back to Chicago.

A few months later I reached out to Bill Hartgering, who was the pioneer in bringing ADR to Chicago. Bill was running the JAMS/Endispute ADR office here in Chicago. Bill hired me as the part-time Director of Professional Services. Fancy title. It meant go out there, knock on law firm doors to drum up business, and build my own mediation practice. This experience helped me to be selected as a Magistrate Judge in 1996 because the court was looking for people with both federal litigation experience and settlement skills.

My Years as a Judge

I spent 17 wonderful years as a Magistrate Judge before joining JAMS in 2012. As a Magistrate Judge, I came to appreciate the importance of mediation and access to the courts. We were conducting settlement conferences in 100 to 125 cases a year. When I successfully mediated a case, I felt I experienced an important Jewish value: “Tikun Olam” — repairing the world. I felt I was repairing the world one relationship at a time.

I had wonderful colleagues who shared their wisdom with me, a fun staff and bright and eager law clerks who I tried to mentor. While I was on the bench I joined the RSI Board because of the important work they were doing in court ADR.

Two of my most proud accomplishments as a Magistrate Judge were the development of a settlement database and the establishment of the Pro Se Settlement Assistance Program. I developed the Settlement Database with the input of data from my colleagues and the assistance of RSI’s Research Director, Jennifer Shack, for use by Magistrate Judges as a resource when we conducted settlement conferences in civil rights and employment discrimination cases.

We established the pro se settlement assistance program in the District Court in 2006 when I was the Presiding Magistrate Judge and Jim Holderman was the Chief Judge. The program relied upon volunteer lawyers to represent pro se litigants for settlement conferences in employment, civil rights and prisoner cases. The program provided access to justice for the pro se plaintiffs and was a win-win for them, the young lawyers who were able to be first chair at the settlement conferences, and the court, in having these cases settled. The program is still going strong after almost 20 years.

RSI and the Agnew Award

I have been on the RSI Board for over 20 years because I believe in its mission of strengthening access to justice in our courts for those who cannot afford counsel. I was proud to be the Board Chair at the time we changed our name to RSI and established our own 501(c)(3) in order to go national. During the years, I have felt great pride in knowing that RSI’s foreclosure and eviction mediation programs have helped numerous homeowners stay in their homes; and that RSI has helped design, research and evaluate court ADR programs around the country and establish the best court ADR resources in the country.

This award means a great deal to me. The late Judge Harris Agnew led our Board from 1999 to 2011. He brought court-annexed ADR to Illinois. He was passionate about it because he saw its benefits in helping to reinforce the message that stands on the Supreme Court building in D.C.: “Equal Justice Under Law.” RSI has worked hard for the past 30 years to help make that message a reality throughout the country.

I just finished a recent autobiography by Judge David S. Tatel, entitled Vision. He is a retired D.C. Circuit Court Judge who served on the bench for almost 30 years. His message resonated with me, and I want to share it with you:

“As officers of the court, lawyers have a broader responsibility to ensure that courts work for everyone … As gatekeeper to the legal system, the profession itself has an obligation to ensure those gates are open to everyone entitled to the law’s protection.”

RSI’s mission is and has been for the past 30 years to open the gates of justice and bring access to justice through court ADR systems in Illinois and throughout the country. I am extremely proud to accept the Judge Harris Agnew Award in his memory.

Thank you.

Hon. Morton Denlow (Ret.) is Presented Agnew Award for Service to Community

Just Court ADR, May 5th, 2025

RSI had the privilege of awarding its 2025 Harris H. Agnew Service to Community Award to the Hon. Morton Denlow (Ret.) on April 25 at JAMS’ offices in downtown Chicago. The Hon. Geraldine Soat Brown (Ret.) presented the award.

Hon. Geraldine Soat Brown (Ret.) presented the Harris H. Agnew Service to Community Award to Hon. Morton Denlow (Ret.) on behalf of RSI.

RSI’s Harris H. Agnew Award recognizes individuals whose cumulative efforts have substantially and meaningfully enhanced court alternative dispute resolution systems in Illinois. Judge Denlow has provided visionary leadership over decades of service as an ADR practitioner, U.S. Magistrate Judge for the Northern District of Illinois, and attorney. He has profoundly shaped the dispute resolution field and community through work such as his groundbreaking conception of a legal settlement database and his efforts to shed light on the advantages of settlement vs. litigation.

Additionally, Judge Denlow has been a champion of RSI almost since Day 1 of our organization’s 30-year tenure. RSI has benefited greatly from his longtime dedication as an RSI Board member, including his time as Board President, when he provided pivotal support during RSI’s transition to independent nonprofit status. Judge Denlow’s strategic guidance, insightful wisdom and unwavering commitment continue to help and inspire ADR professionals far and wide, including those here at RSI.

Read more about Judge Denlow’s achievements on his RSI Board profile page, and learn more about the Harris H. Agnew Award and its recipients here.

Join RSI at an Online Demonstration of our New OPEN Project Communication Tools

Just Court ADR, March 11th, 2025

We’re rolling out RSI’s newest tools to support courts’ communication with parties, and you’re invited! Join us for an online demonstration, a Question & Answer session, and a chance to win a free one-hour consultation! Participation is free; registration is required.

What: RSI’s OPEN Project Model Tools Launch Party!
When: Thursday, April 3, 2025; 12 p.m. Central
Where: Zoom; please register here

Background:

You might have read about Phase 1 of our ODR Party Engagement (OPEN) Project. For Phase 2, RSI has developed model materials — a webpage, a notice document, an informational video and an interactive guide — to help courts communicate more effectively with self-represented litigants (SRLs) about online dispute resolution (ODR). We developed these models with the support of an inclusive designer and an accessibility expert, then user-tested them with a diverse set of individuals around the United States. Although focused on ODR, these materials offer innovative solutions to communicating with SRLs about any court program.

You can learn more about the OPEN Project, and download Communicating Effectively About ODR: A Guide for Courts and our Document Preparation Worksheet and Checklist, on the OPEN Project section of our website. You’ll also find updates on the project’s progress on our blog, Just Court ADR.

RSI is excited to share these new resources, and we hope to see you at the launch!

RSI Mediator Also Helps to Calm Nerves in New Role as Volunteer at Eviction Court

Just Court ADR, October 15th, 2024

In honor of Conflict Resolution Day on October 17 and the American Bar Association’s Mediation Week the third week of October, we are featuring a Q&A with RSI mediator Cathy McCoy. In addition to mediating for RSI, Cathy recently became our first volunteer at the Kane County Courthouse in Geneva, Illinois, supporting parties in the Kane County Eviction Mediation Program. RSI is grateful for Cathy’s contributions to our programs, and for the contributions of all of those who have mediated for our programs and other programs across the country and world!

When and why did you first become interested in being a mediator?

Cathy McCoy

Using mediation-related skills has always been an informal part of my career working as a non-attorney guardian ad litem on behalf of children in Kane and DuPage counties in Illinois. I was involved with the Court Appointed Special Advocate (CASA) program for 20+ years, initially as a volunteer, then on staff as an Advocate Supervisor for the guardian ad litem programs both in Kane and DuPage counties. I retired from CASA in 2022. The role of CASA is to advocate for the best interests of children who have experienced abuse or neglect. CASA volunteers were encouraged to represent the “voice of the child” in court to help ensure that children are safe, have a permanent home and have an opportunity to thrive. Conflict between parties was a factor in every family that I encountered in the court system. Even though a formal mediation process was not always an option, the conflict I encountered in juvenile court proceedings highlighted the need to allow each party to have a say in the outcome of their court case. Discussing family conflicts in child protection matters allowed me to develop listening and communication skills to help parties to remain focused on child safety and well-being.

With the pandemic, courts were closed, so I found I had the time to further my education in two areas that interested me. Since I spent much of my time in court, I enrolled in a paralegal program to become more adept at preparing documents for the court and to gain a better understanding of the legal terminology. I then completed the 40-hour mediation training presented via Zoom by the Center for Conflict Resolution (CCR) in Chicago. A co-worker recommended the CCR mediation training, and I was excited to see that I didn’t need a law degree to participate!

Can you share a little about your history as a mediator with RSI’s programs?

Early on, I started working with the planning team at the inception of the Kane County Child Protection Mediation Program while I was working as a Guardian Ad Litem Supervisor with the CASA program in the juvenile court. I was fortunate to be able to participate in mediations as a representative of CASA, and later, after leaving the CASA program, I was able to step into the role of mediator in child protection disputes. In late May 2021, I started mediating with RSI in eviction court cases in Kane County.

What do you like about being a mediator?          

I love interacting with families and have spent countless hours encouraging family members to put aside their differences and remain focused on the needs of the children. I have found that the mediation process provides an opportunity for the parties to express what is really important to them, to know that someone is listening, and to take a more active role in problem-solving. When I worked in the juvenile court, we spent a great deal of time talking with families in the hallway and waiting room outside court, and some of the best plans and discussions came during those hallway meetings. Shifting to mediation via Zoom after the pandemic allowed me to keep the conversations going, and families have been appreciative of the intervention.

Is there a type of mediation that you like best, and if so, why

I enjoy eviction mediation because there are such varied situations, and the parties usually come to mediation prepared to take action to change their situation.

My other passion in mediation continues to be working with families when there are children involved in the court system. My specialty is working with guardians of children, with a focus on improving communication between parents and guardians about the needs and best interests of the children. It was disappointing when the child protection mediation program in Kane County ended. In order to continue the process, and in conjunction with court partners, I developed a pilot program for mediation in cases involving guardianship of minors in DuPage County, and the program has been steadily growing. If parties agree to participate, the Probate Guardianship Court judge refers pro se family members to mediation in order to resolve various conflicts involving children. This year, our Guardianship Family Engagement Mediation Program was awarded an Achievement Award from the National Association of Counties. The awards honor innovative, effective county government programs that strengthen services for residents and promote equal access to services.

Do you think that learning the tools of mediation has affected other aspects of your life? If so, how? 

Mediation has truly changed the way I interact with everyone, even when it comes to communication with friends and family. I hope that family members would say my listening and communication skills have improved over the past few years! 

What are some challenges with being a mediator?         

Personally, one of the most challenging aspects was to put aside my assumptions and listen to the needs and interests of each participant. And at times difficult situations seem to arise when a participant does not want to be there or doesn’t trust the mediation process.

When did you start volunteering with RSI, and what do you do? What motivated you to start volunteering?

This is the first year that RSI has had a volunteer in court at the first appearance of parties in the Eviction Court. I greet people when they arrive and answer questions about mediation in general. If the judge refers their case to mediation, I speak with the parties afterward, gather contact information and explain the process and next steps.

I offered to volunteer because RSI staff understood the importance of having a person present when parties attend court in person. Parties are often nervous when they arrive; being in court can be intimidating, so greeting them in person seems to help. There is also an RSI staff member on Zoom attending court remotely so that every person present in court, either remotely or in person, has the ability to make a connection with the mediation program.

What inspires you to continue volunteering with the eviction mediation program?   

I will be there as long as (RSI Eviction Mediation Program Manager) Chrissy (Wright) needs me! I find that interacting with parties before and after court provides insight into the needs and interests of parties in this type of court case. And, I love working with Chrissy, Brock, Kiasha and the folks at RSI. They have welcomed me as part of the team, and I have learned a great deal from them.

How do you think the Kane County Eviction Mediation Program is important to the community it serves?

I love that 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. Most importantly, mediation can help avoid evictions and provide a bit of stability during challenging times. 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. In addition, being able to participate in mediation remotely via Zoom has been a huge benefit to all parties. Attending mediation and court in person in Kane County can be difficult without access to transportation, given the layout of the county.

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