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Archive for the ‘Foreclosure Mediation’ Category

Spring 2022: How RSI’s Work Has Expanded and Evolved During the COVID-19 Pandemic

Just Court ADR, May 18th, 2022

As the COVID-19 pandemic has strained finances, families and the social fabric in general, the need for and potential of well-designed alternative dispute resolution (ADR) to stitch together solutions has become increasingly apparent. Throughout this challenging time, Resolution Systems Institute (RSI) has continued to monitor and evaluate new dispute resolution initiatives and developed new court mediation programs of our own. Below is a description of some of our work during the pandemic.

In 2020, as a potential pandemic-driven eviction wave loomed, RSI began to design our first eviction mediation program. In the course of about nine months, we developed the court rules, procedures and forms the program would need to operate. We also recruited a cadre of mediators and provided them with specialized eviction mediation training through our friends at the Center for Conflict Resolution. The Kane County (Illinois) Eviction Mediation Program launched in spring 2021. Later that fall, RSI launched similar programs in Illinois’ Kankakee and Winnebago counties. Overall, our programs operate in judicial districts that serve over 920,000 Illinois residents.

To learn more about RSI’s work over the last two years in the eviction arena, we recommend you check out our blog entries on the topic, as well as our Eviction Mediation Special Topics resource. RSI is now working with Kane and Winnebago counties to bolster their longstanding foreclosure mediation programs as homeowners now begin to feel the squeeze that renters started experiencing last year.

While RSI is spearheading these new program development and administration initiatives, evaluation remains the central pillar of upholding RSI’s mission of improving access to justice. RSI Director of Research Jennifer Shack recently published two reports evaluating the program development experience in Kane County: Eviction Mediation Design and Implementation in Illinois’ 16th Judicial Circuit: Challenges and Keys to Success and Participant Experience in Eviction Mediation: Summary Of Early Survey Responses in the 16th Judicial Circuit of Illinois’ Video Mediation Program.

In partnership with the University of California, Davis, RSI has also evaluated online dispute resolution (ODR) pilot programs in Texas and Michigan. The pandemic generated greater interest among courts for ADR processes that parties could access remotely. The evaluations, which will be released soon, will provide courts with a better understanding of what ODR adoption requires and what possible benefits it can provide.

The last two years have provided many of us, RSI included, with a complex mix of setbacks and new opportunities. RSI is committed to innovating and adapting to meet the challenges that courts, and the litigants they serve, encounter in this ever-changing world. We are grateful to our program partners, our funders and each of you who come to RSI in search of expertise and guidance. We hope you will continue to take this journey with us as we work towards our mission of expanding access to justice through court alternative dispute resolution.

Illinois’ Cook County Launches New Legal Aid Program for Housing and Debt Cases

Nicole Wilmet, December 17th, 2020

Illinois’ Cook County has launched a new initiative aimed at helping resolve eviction, foreclosure, debt, and tax deed issues. The initiative, entitled Cook County Legal Aid for Housing and Debt (“CCLAHD”), provides Cook County residents and landlords access to legal assistance, counseling, case management and mediation services. The CCLAHD initiative comes as a result of a partnership between the County, Cook County Circuit Court, the Chicago Bar Foundation and a variety of community partners including Coordinated Advice & Referral Program for Legal Services (“CARPLS”), the Center for Conflict Resolution, Center for Disability and Elder Law, Chicago Volunteer Legal Services, Greater Chicago Legal Clinic, Lawyers’ Committee for Better Housing, Legal Aid Chicago and Legal Aid Society. 

The new CCLAHD initiative is currently operating its first program, the Early Resolution Program (“ERP”) and expects to start several more. Under the ERP, pro bono services will be offered to Cook County residents without legal representation including (1) tenants facing eviction, (2) landlords dealing with an eviction, (3) debtors being sued for unpaid debts, (4) creditors suing on the basis of unpaid debts and (5) residents who have defaulted on property tax payments or mortgage foreclosure payments. News outlets report that Cook County Board President Toni Preckwinkle has indicated that there will also be a tax deed specific program that will launch sometime in 2021. Those interested in learning more about the ERP or volunteering may visit the CCLAHD website. 

Delaware Begins Using ODR to Work Through a Backlog of Landlord/Tenant Cases

Nicole Wilmet, November 24th, 2020

As a result of COVID-19 and various moratoriums on evictions, Delaware’s Justice of the Peace Court is facing a backlog of landlord/tenant cases. In an effort to address this backlog, the Court recently announced that on November 2, 2020, all landlord/tenant cases filed on or after July 1, 2020, would be automatically referred to a new online dispute resolution (ODR) program. Delaware’s new ODR program operates on the Matterhorn platform and is free for parties. Participation in the ODR program is mandatory, provided the parties have an active email address, have access to the internet and are at least 18 years old. 

Through the ODR platform, parties will be able to review and respond to messages from the other party at their own convenience. The goal is for parties to utilize the ODR platform and find ways to resolve their disputes on their own. However, parties will have the option to access a mediator in the event that either (1) the parties are unable to reach an agreement on their own or (2) the parties do reach an agreement on their own but prefer to have a mediator prepare their agreement. In a Frequently Asked Questions resource from the Court, the Court notes that the mediators for the program are either specially trained Justice of the Peace Court Judges or members of the Delaware Bar Alternative Dispute Resolution section. 

In an effort to further assist parties, the Court has created ODR “How to” registration videos for landlords and for tenants. Those interested in additional information on the program may visit the Court’s website

Ohio Launches Mortgage Modification Mediation Program

Nicole Wilmet, October 30th, 2020

At the start of October, the United States Bankruptcy Court for the Southern District of Ohio adopted the Mortgage Modification Mediation Program (“the MMM Program”) for all bankruptcy cases. The MMM Program is optional but is available for debtors and creditors to use when a debtor’s property is at risk of foreclosure or other adverse action. The goal of the program is to facilitate communication and exchange of information between the parties with the hope that they will be able to create a beneficial agreement. 

The debtor must request participation in the MMM Program and if ordered by the court, then deadlines are set for both parties to provide documents, information, and reports through the program’s online portal. The program uses the Default Mitigation Management LLC (“DMM”) DMMPortal which specializes in loan modifications and online loss mitigation services. Upon the order directing mediation, the parties will have 150 days to work with a facilitator and attempt to reach an agreement. The MMM Program’s website provides extensive information on the program’s procedures, the mandatory forms, and general timeline for the program. The website also features an application for facilitators as well as a registry of certified program facilitators. To be eligible as a facilitator for the program, an applicant must be an Ohio attorney who has been admitted to practice for at least five years and has received at least eight hours of training specific to mortgage modification mediation. 

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