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Just Court ADR

The blog of Resolution Systems Institute

Author Archive

“The Big Short”: Meshing the Gears between Micro and Macro Forces that Drove the Housing Crisis

Susan M. Yates, January 15th, 2016

Call it a busman’s holiday, but I went to see “The Big Short” over the holidays. It’s a Hollywood movie about the housing market collapse. It is clever, entertaining, and perhaps most daring for a movie seeking to make money, it is informative.

The thing that struck me most about the movie was the connection of the macro level of economic activity with the micro level. (more…)

Turning Arbitration into a Political Football

Susan M. Yates, November 6th, 2015

Did you read the three articles on arbitration The New York Times published on October 31, November 1 and November 2? They tell a series of horror stories about arbitrations in employment, consumer and religious settings. I was sorely disappointed by them because they continued the trend to politicize arbitration.

This trend toward treating arbitration as political football didn’t just start last week in the Times. For some time now, one side has painted arbitration as bad for consumers because it limits class actions. They contend that class actions tackle the small issues that no individual would litigate. They say they help keep big corporations honest. Another side has said arbitration is good for consumers because it is less expensive and more accessible than litigation. They contend that class actions are bad for consumers because when class action litigation settles, the consumers may receive small gift certificates while the lawyers get big legal fees. See, for example, this article by the US Chamber of Commerce Institute for Legal Reform in response to the Times articles.

Here’s the thing: arbitration is not the problem. (more…)

What “Mandatory” Really Means in Foreclosure Mediation

Susan M. Yates, July 13th, 2015

There is a lot to be learned by reading RSI’s evaluation of the foreclosure mediation programs that are supported by a grant from the Office of the Illinois Attorney General. The evaluation, which was conducted and written by RSI’s amazing Director of Research, Jen Shack, is comprehensive, well-reasoned and insightful.

One thing that struck me is how the various programs use the term “mandatory” to describe mediation services. When I think of mandatory participation in mediation, I think of the typical family mediation program for contested child-related issues in which parents must attempt mediation (barring certain disqualifying factors) or the court will not move forward with their case. In foreclosure mediation, some programs call themselves mandatory, but court rules impose no negative consequences if the homeowners do not try mediation. (more…)

RSI Turns 20!

Susan M. Yates, April 22nd, 2015

Can you believe RSI is twenty years old today? Back in 1995, no one could have predicted that what started as an idea – collect and disseminate reliable information about court ADR in Illinois – would become a nationally-recognized non-profit providing a full array of services in support of quality court ADR.

Indeed, RSI’s life as an independent non-profit is much shorter – not quite two years. We started life as part of Chicago’s Center for Conflict Resolution and spun off in July of 2013. These past two years have seen a dramatic expansion of RSI’s services. In addition to the court dispute system design, program monitoring and evaluation, and online resource center at CourtADR.org that have long been staples of RSI’s work, we are now administering court mediation programs and training mediators.

The motivations that undergirded the founding of RSI continue to steer our work. Chief among those ideas: sharing reliable information about court ADR among court ADR programs can elevate the quality and effectiveness of court ADR services. We are living out that idea with comprehensive monitoring of foreclosure mediation programs administered by RSI and by our program partners. By collecting reliable and accurate data, RSI is able to provide program evaluation that is improving the quality of foreclosure mediation throughout the state.

Want a way to celebrate? Go to RSI’s Razoo site and make a donation! We plan to be around for a lot of double decades to come, so how about some multiple of $20?

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