RSI has completed the first phase of the ODR Party Engagement (OPEN) Project! We are excited to share what we have learned from our research and to roll out new downloadable tools designed to support courts. A summary of our research, our full report and the tools can be found in a new section of our website.
The Study
For this extensive study, RSI conducted six focus groups with a total of 41 participants from three areas of the country. Our aim was to uncover barriers to using court-referred text-based ODR (online dispute resolution) and ways courts can address these barriers. More information about the study, a summary of the findings and key takeaways are available on the OPEN Project section of our website, in addition to the full report.
Tools for Courts
Informed by our research findings, RSI developed tools to help courts communicate more effectively about ODR. The two downloadable documents, “Communicating Effectively about ODR: A Guide for Courts” and a “Document Preparation Worksheet and Checklist for ODR Programs,” are both accessible on our website.
The Guide for Courts provides recommendations for developing documents, websites and video tutorials for ODR that are easy to understand and use, particularly for those who have low literacy and are self-represented.
The Document Preparation Worksheet and Checklist walks readers through each step of the document prep process, from considering the characteristics of the audience to determining the key content to include and the best way to communicate this content. Once documents are completed, the interactive checklist provides an opportunity to review the material and ensure all key recommendations were incorporated.
Next Up in Phase 2: Model Materials
RSI is very proud of what we have accomplished in Phase 1, and there is more to come! We are now starting Phase 2, in which we will work with an inclusive designer to create model court documents, a brief informational ODR video and a mockup webpage, using our findings from Phase 1 and previous research on best practices.
We will user-test these models to learn what barriers persist for people when attempting to use the models to register for ODR. After all our user-testing is complete and barriers have been addressed, courts will be able to download the final model documents, video and webpage to use as examples when developing their communications. This will provide added support to courts with limited resources, who will be able to simply replicate these models and tailor them to their specific needs and audience using instructions we will provide.
RSI is grateful for the generous support of the American Arbitration Association-International Centre for Dispute Resolution Foundation for making the OPEN Project possible.
In an eviction courtroom filled mostly with self-represented defendants, the confusion and fear can be palpable: fear over what the future holds, and confusion about the process and the parties’ options.
But some of this anxiety can be mitigated. Represented or not, parties should always have access to the information they need to understand what is happening in their court case. One way to help reduce the confusion and fear is to provide easily accessible court forms with instructions in plain language.
A small group of individuals is working toward precisely this goal, and recently I began volunteering with them.
When forms are understood and completed correctly, the court process is smoother, time is used more efficiently, and there is less risk of legal errors that might compromise a case on behalf of self-represented litigants.
In 2012, the Illinois Supreme Court created the Illinois Supreme Court Commission on Access to Justice (Commission) to “promote, facilitate and enhance equal access to justice with an emphasis on access to the Illinois civil courts and administrative agencies for all people, particularly the poor and vulnerable.” The same year, the court adopted an administrative order spelling out how the Commission and the Administrative Office of the Illinois Courts (AOIC) would be tasked with developing, reviewing and approving standardized court forms for the entire state.
The Forms Committee currently has 13 drafting subcommittees, which consist of judges, attorneys, clerks and other court stakeholders — such as RSI and me — who help create new forms when needed and update existing forms in an annual process, according to Lillie Schneyer, Forms Program Coordinator with the AOIC.
“Annual review is an important process to ensure that the forms are up to date with the latest court processes, are as user-friendly and effective as possible, and remain legally sufficient,” Schneyer explains.
Over the past few months, I have been working with the Eviction Subcommittee to revamp the forms provided to people involved in eviction cases. We are reviewing current documents, such as the Eviction Order, Appearance and Agreed Order forms, that have received comments and suggestions from members of the public or that members of the subcommittee have comments or questions about. (Draft forms are posted for public comment on this page of the Illinois courts site.)
We work together as a small group to adjust language, instructions, spacing, and any other minute detail that has been brought to our attention. Our overarching goal is to make the forms as simple and accessible as possible, with the hope that any self-represented party can maneuver them, while also ensuring that the language used is legally responsible and applicable.
We work together as a small group to adjust language, instructions, spacing, and any other minute detail that has been brought to our attention as in need of revamping. We analyze the law in reference to the language to be used on the forms and the implications of the changes we are making. Our overarching goal is to make the forms as simple and accessible as possible, with the hope that any self-represented party can maneuver them, while also ensuring that the language used is legally responsible and applicable.
The process can be tedious, but having seen eviction cases play out in my role with RSI, I recognize how important it is for all parties to fully grasp what they can expect from the court, what is expected of them, and the options in front of them so they can make informed choices. The forms guide and educate litigants in their options and legal responsibilities. When forms are understood and completed correctly, the court process is smoother, time is used more efficiently, and there is less risk of legal errors that might compromise a case on behalf of self-represented litigants. All in all, having accessible Supreme Court forms benefits both the self-represented litigants and the court itself.
When our work is complete, the revised forms will be published in the Court Forms Hub of the Illinois Courts website.
RSI’s research has shown that self-represented parties in small claims cases often don’t understand what online dispute resolution (ODR) is or how to use it, even when courts require their participation. To learn what self-represented parties need when a small claims case is filed against them, RSI’s OPEN Project is going to the source — conducting focus groups with people similar to these parties and asking what works for them.
Participants in an RSI focus group in Texas provide feedback on sample court documents in October 2023.
Director of Research Jennifer Shack and I led two focus groups in rural New Hampshire in August, followed by two groups in Texas in early October. We will finish our data collection for the ODR Party Engagement Project in Maryland this month. In the meantime, we want to share some of the initial insights we have gained.
Hearing from 26 participants so far, we have learned about many of the barriers people experience when faced with examples of court documents, a court website and instructional court videos. Groups also shared their recommendations for how the material could be improved and their preferences for receiving court notifications and instructions. The majority of participants have a maximum of high school education. Most, if not all, participants earn less than $50,000/year. These income and education characteristics parallel the backgrounds typical of self-represented litigants, making their insights regarding the comprehensibility and usability of court material invaluable as we aim to develop recommendations for accessible court resources.
Notification Preferences Vary Widely
We are excited to share some preliminary findings from our focus groups. First, we have learned that providing court resources in a variety of formats is essential to addressing the public’s needs and preferences. Focus group participants expressed minimal consensus about the ideal way to learn about their involvement in a lawsuit or how to proceed with online dispute resolution. For example, only half of the 26 participants said they would prefer to receive an initial notice about their lawsuit through the mail. Six people would prefer to receive notice about their case over the phone, while five would prefer text message, and only one person wants to learn of their case via email.
“There are times where the form of a video works wonders in comparison to throwing a chapter out of a book at me or something.”
— Focus group participant
Further reflecting this need for variety, participants in two of our groups were enthusiastic about using instructional videos to learn about registering for ODR. One participant in New Hampshire shared, “I think a video would be good. Where they could break it down and explain it a little bit more in depth.” Another person agreed, “Yeah, I think so. I mean, I’m a visual learner … If this was on YouTube … everything would be fine. It’d be perfect.”
A third participant added, “There are times where the form of a video works wonders in comparison to throwing a chapter out of a book at me or something.”
In contrast, most participants in the Texas focus groups did not express a need or interest in viewing videos to get this information. But several people did agree that, as one said, “options are good,” when attempting to meet the potential variety of needs, learning styles and preferences among self-represented litigants.
Participants Wary of Possible Scams
RSI focus group participants in Texas shared their recommendations for how court informational materials could be improved and their preferences for receiving court notifications and instructions.
One topic where focus group participants were largely in agreement was their concern about being scammed. During the focus groups, we asked all participants to look at one of two ODR websites on a laptop or tablet that we provided. The first step many participants took was to assess the credibility of the website. For instance, the first reactions routinely included comments about whether the site was legitimate or a scam. Some participants also expressed apprehension regarding receiving the mailed Notice to Defendants, wanting to contact the court to check that it was legitimately a lawsuit against them before following the instructions on the document.)
This initial step of assessing documents and websites for legitimacy may be crucial for courts to be aware of when developing their communications and other resources, since apprehension about whether the material is trustworthy could inhibit people from beginning the process.
Simple, Organized Info Is Desired
One of the most consistent themes among the participants so far has been the desire for court resources to be simple and quick to use. For instance, we heard from many individuals who want courts to use simple language, concise instructions and well-organized documents or videos. Some participants specifically requested more spacing around paragraphs, and people found sections with bullet points or short fill-in-the blank questions easy to understand.
We anticipate delving more deeply into strategies for making court resources simpler to use and comprehend. Additionally, participants have been identifying key information that is missing from the material and sharing their emotional responses to the court resources. We look forward to examining these and other themes in more detail after we conclude our focus groups later this month.
Check back soon for a summary of our findings and a guide for courts, which we will provide on a new RSI webpage this spring!
As always, RSI is grateful to the AAA-ICDR Foundation for supporting this important work.
In 2022, RSI and the University of California, Davis, published two evaluations of court-related online dispute resolution (ODR) programs. A main finding of those evaluations was that parties did not have sufficient information about the programs they were being required to use. We went on to look at programs in other courts and found that the information available to parties about ODR varied, and that courts, despite making significant efforts to provide this information, needed help to do so. This was especially true for communicating with self-represented litigants. Our findings have led RSI to conduct new research that will result in a guide for courts that need to communicate with parties about their ODR programs.
The Case for Accessible Court Communications
RSI Researcher Rachel Feinstein, pictured, and Director of Research Jennifer Shack facilitated focus groups for RSI’s ODR Party Engagement (OPEN) Project in Berlin, NH, in late August.
Across the US, 72% of family law cases and 76% of civil cases involve at least one self-represented litigant. As more people are handling civil cases without a lawyer, it is increasingly important that everyone can understand and use court communications, regardless of their educational background. Accessible court communications can reduce default rates and increase access to court services and programs, including ODR programs.
Half of the adult population in the US struggles to read lengthy, dense texts to complete tasks and accurately answer questions. Developing court resources with this in mind can significantly improve people’s understanding of how to access court resources, and can increase participation rates in various programs. One recent study found that simplifying the text used in court forms improved participants’ understanding of the purpose of a subpoena from 23% to 70%. Studies have also found important patterns in the reading styles and strategies of people who have low literacy, such as avoiding dense blocks of text and ignoring information on the left and right sides of the web page. Effective court communications take these types of reading patterns into account.
Digital Literacy is Another Challenge
But language and writing styles are not the only issues. Many people rely on websites and online resources provided by courts to gather the information they need, provide information to courts, and participate in online court programs. Despite widespread use of the internet, a large percentage of US adults struggle with digital literacy, or the ability to use digital technology to find information, complete tasks or communicate.
When designing websites or other digital resources, courts can benefit from recognizing common patterns among people who have low digital literacy skills. For example, people with low digital literacy will often avoid the use of search boxes, opting instead to link surf. And it is common to satisfice quickly, or give up before finding necessary information. In RSI’s forthcoming guide for courts, we will provide more information about reading patterns and strategies common among people with low literacy and low digital literacy, with the aim of supporting courts in developing ODR material everyone can use.
The movement to use accessible court communications helps both parties and the courts. For example, civil courts throughout the country are investing in ODR programs. Many people can benefit from the convenience, lower cost and less intimidating process of resolving conflicts online. However, ODR participation rates remain very low, even when it is mandatory. If self-represented litigants understand the steps they need to take, more may take part in their case and do so in a more informed manner. This, in turn, will help courts by increasing participation in ODR.
The experience of the ODR programs we evaluated provides a valuable example of the need to develop effective court communications to help parties to more easily navigate court services and to improve participation in court programs. In a typical ODR process for debt and small claims cases, the court requires that defendants be given a notice of the ODR program. This notice provides written instructions to register on a third-party platform. Once they register, they can try to resolve their case with the plaintiff before their first hearing. The defendant will likely complete the entire process without interacting with court staff. Further, ODR is unfamiliar to most people, increasing the importance of courts’ efforts with written communications — and sometimes instructional videos — to provide parties adequate information to participate in their case.
Maximizing Court Programs’ Potential
If done well, court communications can narrow the information gap and maximize the potential of a variety of court ODR programs. Enhancing access to justice requires the development of effective and accessible court communications that people from all backgrounds and education levels can easily understand and use. RSI’s ODR Party Engagement (OPEN) Project is working to support courts in this effort by conducting focus groups in three areas of the US. Through these focus groups, we will hear from a diverse group of people who have a low income and low education, to learn what works for court notices, guides, websites and instructional videos pertaining to ODR. We will use our data, along with previous research, to develop a broadly applicable guide for civil courts to use when developing communications that reduce barriers to participation in ODR for people with low literacy.
This project is generously supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation.
