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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 our 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?

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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Survey Comments Highlight What Tenants, Landlords Think About Mediation Program

Jasmine Henry, September 16th, 2024

Since 2020, Resolution Systems Institute has administered the Kane County (Illinois) Eviction Mediation Program. Our team works with the 16th Judicial Circuit Court and community services to mitigate the negative effects of eviction filings. We conduct intake, schedule mediations, provide guidance for parties going through eviction mediation, manage the mediator roster, and provide assistance to the mediators as needed. After parties participate in mediation, we ask them to complete a survey about their experience, including answering multiple open-response questions.

Landlord and tenant comments on the program and their mediations illuminate what they value and what falls short for them. We have seen how the process makes parties feel respected and listened to, and what that means for them. We have also learned of issues that arise with power imbalances and with mediators who repeatedly facilitate cases involving the same attorney.

Mediation as a ‘Life Preserver’

Comments from the past year make clear that many parties have been profoundly affected by their experience with our program and their mediation. This is perhaps best exemplified by this comment from a tenant: “Everyone has their own reasons for difficulties. I got a chance to say how this happened and also how I can prevent it from happening in the future. I’m thankful for everyone who has helped me through this and being treated fairly and with respect. This program is a life preserver to a drowning person. Thank you.”

Another tenant shared a similar sentiment, saying, “When people go through a difficult time, this program gives them a chance.”

Mediator Role is Key

As with so many mediation programs, mediators are central to parties’ positive experience in the Kane County program, survey responses show. In fact, the presence of a knowledgeable, impartial mediator is one of the most appreciated aspects of the program. One participant noted that the mediator “listened to both sides of the story.” Another commented: “I really appreciated . . . the way the mediator helped to point out the facts of the situation and allow both parties to express themselves. As a tenant without a lawyer who’s been through a major financial crisis, it gave me the opportunity to be listened to and to get my head above water.”

Many survey respondents praised their mediators’ ability to help parties find compromise. As one tenant put it, “They really try to meet in the middle and make everyone happy in the end. It gives so much clarity and security.” Another tenant succinctly stated, “It gave a compromise to a no win situation.”

Participants noted that both the skills of the mediators and the structured nature of the mediation process ensure that all parties have a chance to contribute to the conversation. A tenant shared: “Both sides were given the opportunity to speak uninterrupted. Everything was explained clearly and the mediator was very pleasant to work with. I came in feeling anxious not knowing what to expect but was pleasantly surprised by the whole experience and outcome.” A landlord shared that it was “good to talk to the other party in the presence of some responsible people.”

“The meeting was not at all stressful once the call was started. Each party received ample time to discuss any offer, explanations of situation, possible resolutions to ensure both parties benefited.”

Tenants in particular mentioned the importance of feeling listened to. When asked what they liked about the mediation, tenants described mediators who “listened to my doubts and questions,” were “helpful and caring and want to hear what you have to say,” or gave all parties “the opportunity to discuss their thoughts and concerns.” A landlord added that their mediator “listened and asked good questions.”

Additionally, mediators were often commended for their patience and thoroughness, as exemplified by this comment: “The [mediator] was very respectful and kind and listened to all my doubts and questions. The [mediator] helped a lot and explained everything in very good detail.” Another participant described their experience this way: “The meeting was not at all stressful once the call was started. Each party received ample time to discuss any offer, explanations of situation, possible resolutions to ensure both parties benefited.”

These comments underscore the program’s success in creating an environment where both tenants and landlords feel they can speak openly, are listened to and are treated equitably.

Resources for Vulnerable Individuals

Several survey responses highlighted the program’s value for vulnerable individuals. For example, a number of comments mentioned the importance of the resources beyond mediation that the program can connect parties with. One tenant wrote that the program “was there to help me [with court paperwork] when they really didn’t have to.” Multiple commenters emphasized that they had applied to the court-based rental assistance program — which the mediation program directed many parties to, and which parties were able to access until funds ran out in June 2024. When asked if they would recommend eviction mediation to a friend, a tenant shared that they would (even though they didn’t settle their case in mediation) because “sometimes tenants are unaware of the resources available due to lack of communication or shame.”

Others expressed more general appreciation for being able to participate in the program as someone in a challenging situation: “Just every single mother that actually works and tries 100% for her and children deserves this opportunity.” Another shared: “I think it is an excellent program for families who are going through difficulties, personally I felt supported and confident in the ability of this incredible program to help.”

Perceptions of Mediator as Biased

Some survey respondents indicated that their mediators worked to minimize the usual power imbalance between tenants and landlords. For example, one commented: “My mediator was a rockstar ! The attorney tried to bully us and was interrupting them but they kept their calm and brought up my rights.”

However, some tenants expressed concerns about potential bias in the mediation process, with one tenant stating, “They are there to mostly help the landlord … It doesn’t help the tenant. At all … The mediator is on the landlord side to help them evicted you.”

“I felt because the lawyer and the mediator were familiar with one another they may have been more partial to the landlord.”

Similarly, a tenant shared, “Not only was I not informed what mediation was going to be like, but also the mediator didn’t take everything I said and just went with what the landlord [said].” And one tenant went so far as to say, “I feel like I was gaslit by the Lawyer, and [the lawyer], as well as the mediator didn’t want to hear my side.”

Some comments about pro-landlord bias reflected a tenant’s understanding that the mediator already knew or had worked with the landlord’s attorney in the past, with one tenant writing: “I felt because the lawyer and the mediator were familiar with one another they may have been more partial to the landlord.”

Another explained: “[I]t’s like the mediator and the landlord and the landlord Lawyer have some kind of friendship already[,] so that kind of singles you out when they’re cracking jokes and laughing with each other[. A]nd then [the mediator is] only hearing [the landlord’s] side and telling you [that] you have to take your side to court.”

Other criticisms related to feeling unduly pressured to reach an agreement. One tenant explained how they felt both unheard and pressured: “I feel as if, regardless what was disclosed, my landlord and his attorney pushed too hard at a hard no to mediation, not giving me a chance, and the mediator seemed to take what I had to say about the situation with a grain of salt.” Another tenant stated, “My concerns were not fully addressed, felt bullied into settling.” One expressed their frustration, saying: “The mediator didn’t listen to my needs and disregarded any of my opinions[. The mediator] listened to every word the lawyer said and also wrote anything they wanted word for word.”

How RSI Uses Feedback

RSI uses party responses to our post-mediation surveys both to evaluate and improve our program, as well as to tell the full story of the eviction mediation process. These firsthand accounts allow us to go beyond statistics to better understand how eviction mediation programs affect real people in our communities. Furthermore, these comments provide invaluable evidence of the program’s tangible benefits. By thoughtfully analyzing and presenting these comments, we strengthen our partnerships, justify program funding and, ultimately, improve our ability to effectively serve the Kane County community.

RSI takes party criticisms of our mediators and program very seriously. Every quarter, we evaluate the participant post-mediation survey responses to determine what is or is not working. Every month, we hold meetings with our program staff to review our findings. We also use our research to train mediators on how to cultivate better party experiences. When necessary, we provide further training and support to mediators with recurring issues. Occasionally, if feedback was provided but no improvement made, we remove underperforming mediators from our roster.

Negative party perceptions, even if not reflective of actual bias, indicate a need to ensure and communicate impartiality more effectively. While it can be demoralizing to read party comments complaining that a mediator was biased, these comments help us to understand the impact that such perceptions have on party experience. Mediation is meant to be a level playing field for all parties — landlords and tenants, unrepresented parties and those with attorneys.

Tags: access to justice, evaluation, mediation
Posted in Court Mediation Program, Evaluation, Eviction Mediation, Program Evaluation | No Comments »

After Successful Pilot, RSI Seeks Mediator Partners for Next Phase of Trust Project

Jennifer Shack, July 17th, 2024

Last year, RSI began the pilot phase of a research project to examine how mediator behaviors might affect parties’ trust during mediation. During this exploration phase, our research team has been observing small claims and eviction mediations and marking down mediators’ communication behaviors, in a process referred to as coding, for the Trust Project. We gathered pre- and post-mediation surveys from the parties, and we interviewed the mediators involved.

From left, Rackham Foundation’s Ava Abramowitz, RSI Director of Research Jennifer Shack and Behavior Analysis Trainer Kenneth Webb gave a presentation on the early findings of RSI’s Trust Project at the American Bar Association Section of Dispute Resolution 2024 Spring Conference in April 2024.

After coding 22 mediations and completing a thorough review of our piloted data collection instruments, RSI has successfully completed our pilot phase. We are excited to share that we will soon be expanding the project and are looking for mediation organizations and/or individual mediators who would like to partner with us.

Method Adapted for Mediation

The Trust Project is based on behavior analysis (BA), a research method that codes for particular communication behaviors and connects them to desired outcomes. This method has been used successfully in negotiations and sales. BA examines the particular behaviors used as well as the sequences of behaviors that occur, to determine their effects on specific desired outcomes. In this instance, RSI is interested in changes in trust between the parties and changes in trust in the mediator. We are also interested in mediation results and participant perceptions of the mediation and the other party.

Over the course of five years, Ava Abramowitz and Ken Webb worked to modify communication behaviors used in the contexts of negotiations and sales for use in mediation — with a lot of input from mediators and researchers. Ava is a former assistant U.S. attorney, longtime mediator and secretary of the Rackham Foundation. Ken is an expert in behavior analysis, coding and training negotiators to improve their practice. He trained RSI’s researchers in behavior analysis. Thanks to generous support from the Rackham Foundation, RSI has the opportunity to conduct this innovative research into the effects of mediator behaviors on party trust.

Watch Michael Lang’s 2021
In Their Voices interview with Ava Abramowitz and Ken Webb for more insight into the idea of applying behavioral analysis to mediation — the concept behind the Trust Project!

Mediator Partners Sought

For the next phase of the Trust Project, RSI will observe mediations of small claims, family and larger civil cases, both in person and online. We are looking for partners in this endeavor. Interested organizations and mediators would work with RSI to determine how to effectively recruit parties. Mediators will be asked to complete an initial survey about their background and approach to mediation, to facilitate observations of their mediations, and to complete a survey after each observed mediation. We will preserve confidentiality of the mediations, the mediators and the parties by removing any identifying information from the data.

If you are interested in participating in this impactful research, please contact RSI Director of Research Jennifer Shack at jshack@aboutrsi.org.

Posted in Court Mediation Program, Eviction Mediation, Pilot Program, Program Design, Research, RSI News, Training, Skills & Techniques, Trust Project | No Comments »

8 Tips for Assisting Self-Represented Litigants

Christina Wright, June 24th, 2024

Working in the Kane County Eviction Mediation Program for the past three years, I have seen firsthand the challenges self-represented litigants may face. I have also learned a lot by reading RSI’s research on related topics, such as the ODR Party Engagement (OPEN) Project. Recently, I had a chance to speak to members of the Illinois Supreme Court Access to Justice Court Navigator Network at the Kane County Law Library in Geneva, Illinois, about tips I’ve found useful in supporting these litigants. I am sharing them below with the hope that they will be useful to others.

***Photo by*** **Edmond Dantes via Pexels**

1. Speak and write in plain English.

For native speakers as well as those for whom it is a second language, English can be a difficult language to master. Many self-represented litigants don’t have the language skills to understand the legalese that is often used in the courtroom. Thus, it is important that all court-related communications be written in plain English. Additionally, court-connected mediation programs and other settings involving self-represented litigants should have a staff member accessible to answer questions regarding court/program handouts and policies.

2. Provide translation.

Any paperwork should be readily available in commonly used languages other than English. In Kane County, our primary need is Spanish, but that will vary by jurisdiction. Translation services should also be provided as needed.

3. Be clear that outcomes are not predictable.

To avoid making promises you can’t keep, be sure to use language that does not promise a particular outcome. For instance, one could say “You may apply for a court fee waiver,” rather than “You can get your court fees waived.” This important distinction can prevent confusion down the line as the individual continues to navigate the court/program.

4. Be flexible with scheduling.

Courts/programs can be difficult to access for those who live near or below the poverty line and/or who have inflexible work schedules. For self-represented litigants with little or no income, it may be impossible to physically attend court or afford the devices necessary to attend court virtually. Buses, ride-hailing services and even bicycles cost money and can be time-consuming to use. Being flexible with scheduling allows participants a greater chance of attending, and without the extra burden of costs associated with travel, childcare, calling off work, etc.

5. Be knowledgeable about available resources.

Inability to use technology is another hurdle. Whether it be because the individual lacks the skills or the finances to utilize technology, online dispute resolution (ODR) programs and virtual court may only be an option with extra assistance from the court/program. Extra assistance may come in the form of lending a device, walking the self-represented litigant through connection issues, or referring them to another agency that can help get them connected. Libraries are a great resource for technology assistance and connection.

6. Keep an open mind.

Don’t assume you know anything about any particular self-represented litigant’s life, capabilities, technology access, education, finances, etc. What may seem simple or common to you may not even be an option for them. With that said, self-represented litigants come from all different walks of life, so it is even more important not to assume they are all alike and thus all have the same needs.

7. Be persistent when reaching out to parties.

How do you reach a self-represented litigant? Keep trying! The Kane County Eviction Mediation Program uses phone, text, email and in-person conversations to gather information and assist self-represented litigants face their legal challenges. Everyone has their own preferred communication method, so it takes different forms of communication to reach different people. Attempt contact frequently and through a variety of methods if you really want to reach the individual.

8. Be trustworthy.

Finally, the OPEN Project found that trust can be a big obstacle for courts. OPEN focus group participants were wary of the communications they reviewed. Thus, it is important that all court communications look official and provide solid contact information in case the self-represented litigant needs to ask questions or contact the court/program for other reasons.

Although there can be challenges when working with self-represented litigants, the individual parties can benefit greatly from the support. Mediation and similar programs can provide clarity, control, support, legal assistance, financial resources, housing counseling and other resources to self-represented litigants. They can decrease the amount of time a case remains in court (a benefit to everyone involved) and prevent unnecessary wage losses. Self-represented litigants may need regular reinforcement and assurance, but by providing this service we increase their access to justice.

Tags: access to justice, pro se, Self-represented litigants, SRL
Posted in Court Mediation Program, Diversity and Inclusion, Eviction Mediation, Program Design, Program Management, Training, Skills & Techniques | No Comments »

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