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Just Court ADR

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Archive for the ‘Online Dispute Resolution’ Category

Shack Shares Insights from Research on ODR for Family Law Cases in NCTDR Webinar

Sandy Wiegand, December 18th, 2024

RSI Director of Research Jennifer Shack joined ODR.com CEO Colin Rule and Redek founder Nicolas Lozada this month for an ODR Cyberweek 2024 webinar on the topic of online dispute resolution to settle family law cases, focusing on a report Shack co-authored in 2021.

ODR Cyberweek is a free, virtual conference hosted annually by the National Center for Technology and Dispute Resolution (NCTDR).

Shack answered questions about the 2021 evaluation of a Michigan ODR program she conducted with University of California Davis law professor Donna Shestowsky, which was the first third-party evaluation of a family law ODR program in the United States.

The program, in Ottawa County, Michigan, was launched by the 20th Circuit of Michigan’s Friend of the Court in August 2020 with the goal of providing parties with post-judgment family law disputes a simpler, more convenient and cost-effective way to reach agreements related to child custody, parenting time and child support. It also aimed to increase efficiency in the disposition of these matters.

Among the topics that came up in the ODR Cyberweek discussion were the varying levels of interest by caseworkers and others in participating in ODR; the likelihood that cultural and demographic differences might impact openness to ODR, as well as ways of dealing with conflict in general; and the potential for and possible hurdles to using ODR to mediate cases where intimate partner violence is a factor.

Shack also offered insight on how to improve communications with parties about ODR as a means to improve understanding of the process and increase participation, based on findings from RSI’s ODR Party Engagement (OPEN) Project.

Lozada, who founded the Colombian ODR startup Redek, noted the challenges of advocating for ODR in Colombia when consistent internet access and use remains out of reach for much of the population. In addition to the access problems this presents, it can also mean that those who do have access remain wary of the legitimacy of online programs, Rule suggested. 

ODR.com recently launched a new AI-powered platform for ODR in family cases that integrates with court systems and provides tools to support mediators.

NCTDR’s ODR Cyberweek serves an international audience, is open to the public, and includes panels in English, Chinese, Spanish and Portuguese. Additional topics this year included AI integration in courts, mediation and arbitration, recent innovations and research findings. The event also included tech demos and a student panel. Recordings of many of the ODR Cyberweek sessions from this and previous years can be found in the NCTDR’s ODR Cyberweek Archive.

‘I Think My 10-Year-Old Can Do This’: RSI’s Model ODR Communications Are User Tested

Stephen Sullivan, October 23rd, 2024

RSI recently completed user testing research for the ODR Party Engagement (OPEN) Project! We are excited to share insights from our experience conducting the testing and what we learned from participants about our model court communication materials.

User Test Study

As part of the OPEN Project Phase 2, RSI developed prototype materials — a webpage, a notice document, an informational video and an interactive guide — to help courts communicate more effectively about online dispute resolution (ODR). We worked with an inclusive designer to create materials that exemplify best practices based on designer expertise, OPEN Phase 1 findings and previous research. To ensure these materials were accessible and user-friendly, we planned a series of user tests to obtain feedback from actual users whose backgrounds resemble those of self-represented litigants.

Over the past two months, the RSI research team conducted user tests across the country. We recruited a total of 15 demographically diverse participants from distinct areas: a rural town in New Hampshire; Baltimore, MD; and the Santa Fe-Española area of New Mexico. Participants were instructed to use the materials to complete relevant tasks: read about ODR, watch the informational video, prepare for ODR as a defendant, and sign up for an account. While they tested the materials, RSI researchers observed and took notes on their behavior, listened to their thought process, and asked follow-up questions. We also disseminated post-test surveys and conducted semi-structured interviews about their experience with the materials.

Read more background on the ODR Party Engagement (OPEN) Project, from concept, to focus group feedback, to creation of tools for courts, in RSI’s earlier blog posts.

Real World Feedback

Feedback from the user tests helped us to identify strengths and weaknesses in each of the materials. Users overwhelmingly praised our video for its clarity, engaging visuals, concise discussion about ODR and appropriate length; the video averaged a 4.73/5 rating for how easily it was understood.

The sessions highlighted the importance of accessible visual design. Participants missed some of the information on our webpages because they lacked sufficiently visible indicators for clickable or interactive content. Higher saturated colors, consistent blue hyperlinked text and plus signs are some of the fixes we will implement in new versions of the webpages.

User testing also provides a beneficial opportunity for users to share their own creative ideas for improving the materials. During the sessions, these ideas encompassed: making the account login interface more accessible, identifying when repetitive information was useful or distracting, and enhancing the perceived trustworthiness of our notice document.

Participants were excited about the prospect of ODR being available to them. The relative ease of their testing experience only amplified this excitement; participants shared frustration with previous instances trying to navigate difficult-to-use court materials. In contrast, they found our materials to be simple to follow and understand, a sentiment shared even among those who were hesitant to use digital technologies generally. Describing the account creation pages, one participant in New Hampshire noted, “Yes, [I would feel confident helping a friend sign up for ODR using this system]. It’s really easy to use. I think my 10-year-old can do this.”

We will next return to our design partners to implement the feedback we received from user testers. RSI is grateful for the participants’ generosity and excitement for the project. We are planning to conduct one more round of user testing once the revised materials are completed to ensure any lingering issues are addressed before making the final models available for courts. RSI is also grateful to the American Arbitration Association-International Centre for Dispute Resolution (AAA-ICDR) Foundation for its funding of the OPEN Project.

Tools to Help Courts Improve ODR Communications Now Available

Rachel Feinstein, April 9th, 2024

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.

Report cover: Making ODR More Accessible to Self-Represented Parties: Focus Group Perspectives

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.

New Board Member Oladeji Tiamiyu Talks Tech, ADR and More

Just Court ADR, March 19th, 2024

Resolution Systems Institute (RSI) recently welcomed two new members to its Board of Directors! Texas A&M Law Professor Nancy A. Welsh and University of Denver Law Professor Oladeji M. Tiamiyu attended their first Board meeting in February, and RSI is so grateful for their service. We’d like to help you get to know them, beginning this month with a Q&A with Prof. Tiamiyu.  

Professor Oladeji Tiamiyu is an RSI board member

Oladeji Tiamiyu is an Assistant Professor of Law at the University of Denver (DU) and an Expert Adviser to early-stage ventures at Harvard’s Innovation Lab. Before joining DU, he was a clinician at Harvard Law School’s Negotiation and Mediation Clinical Program. His research interests focus on the intersection of technology and dispute resolution. Read more about his background and find links to his work in his RSI bio.

When/where were you first introduced to alternative dispute resolution?

Before I went to law school, I had some degree of concern that the courts were not always the best place to resolve conflict. And I fondly remember being in my criminal law class, one of my favorite classes in law school with Professor Jeannie Suk Gersen, and thinking about alternatives to the carceral state. Shortly after then, I took a law school negotiations class that served as a gateway drug to this field. Now when I think about ADR, it is no longer about being an “alternative” in the strict sense of the word, but instead being a complement to litigation, so there’s been some personal evolution in how I think about the field.

I understand that you have a particular interest in the intersection of technology and dispute resolution. What drew you to this combination of topics?

Yes, well, I don’t know the extent my interest would have developed without Colin Rule. I had my first conversation with him in 2019, and I left essentially salivating for more ideas. From an intellectual and practical level, Colin has shaped me and hundreds of thousands of others in thinking about technology’s role with ADR.

And a few months after this conversation, there was dramatic upheaval in the legal profession. The legal tectonic plates were shifting dramatically. With the pandemic, courts were closed. Mediators and arbitrators were staying at home. It probably was the first time some of my highly social mediator friends didn’t want to meet anyone in person. And it was during this time that technology’s role became more than an esoteric idea, but instead necessary to keeping the courthouse open, albeit virtually.

Maybe we’ll talk about this later, but I found a way to work at RSI during this moment of change. So if Colin was the first to spark my interest, I am indebted to RSI, Susan Yates and Erik Slepak-Cherney for giving me space to explore technology’s role on a practical level.

What are some of the big questions related to tech and dispute resolution that interest you?

There are many. One lingering question from COVID is whether the pandemic led to a permanent change in how dispute resolution is practiced. Are mediators and arbitrators comfortable in incorporating online processes? Is there a critical mass of parties and disputes seeking out online processes? There’s some amount of data to suggest the answer to both is yes, but as we have greater psychological and temporal separation from the pandemic, there will be greater clarity.

I also share a sentiment with many other ODR scholars about whether online process increases access to justice. I’ll go a step further in inquiring whether the relationship between parties fundamentally changes when engaging in online process. That is, do parties communicate differently, problem-solve differently, trust differently and build consensus differently when in an online space?

There’s also the question of the role of artificial intelligence in these systems. Nvidia, ChatGPT, and Brazil’s VICTOR have all expanded our horizons for what could be possible with AI. I’m excited to see who will be the Jen-Hsun Huang of the dispute resolution field that develops an application with AI to fundamentally change what is possible in ADR. 

The exciting part is that RSI is at a unique position to bring clarity to these questions.

What attracted you to/made you want to join the RSI Board?

RSI as an organization. We have done such important research over the years. We have collaborated with innovative courts. I’ve also been on the other side as an employee, and I personally know the integrity of the employees.

I am particularly honored to be joining RSI at this specific time of change. Susan Yates is one of the foremost thought leaders in our field. Judges know it. Academics know it. The American Bar Association knows it. As she leaves RSI, I was intrigued at being a steward for this great organization to ensure that we continue to do the important work our organization has historically championed.

What are your ADR-related courses or other activities at the University of Denver law school?

From my lens, everything I teach has an ADR bend to it. So much of the modern-day legal profession depends on ADR skillsets. As Arthur Miller described many years ago, settlement and negotiations cannot be separated from being a lawyer. So I teach Contract Law, Family Law, and a survey of ADR course. Yet with Contract Law, my students get an introduction to simulations for negotiating contracts that advance their client’s interests, or simulations that prepare them to negotiate out-of-court settlements when there is a breach of contract.

In Family Law, my students do simulations in mediating and negotiating agreements for child custody and alimony. Much of what I try to impart in all of my classes is that ADR skillsets will help my students be better client-centered lawyers.

You were a Public Interest Law Initiative Fellow with RSI in the past. Is there something you learned or experienced in that role that will help you in your work on the RSI Board?

Yes, I have tremendous admiration for the PILI fellowship and gratitude for Sidley Austin LLP for their active engagement in public interest work in both Illinois and nationally. I hope more law graduates practicing in Illinois recognize how special of a state Illinois is for building the infrastructure for PILI. Overall, my PILI fellowship informed some of my hopes and aspirations for the ADR field. It was through PILI that I met some of the nation’s leading dispute resolution practitioners based in Chicago.

But the most valuable lesson I learned from being a PILI Fellow has less to do with ADR. Because RSI is such a collegial and accessible non-profit, my time as a PILI Fellow helped me to appreciate the impact that non-profits can have. Fulfilling lawyering can be in a non-profit office as much as in a law firm or in a courtroom.

What in your current academic work, if anything, relates to the work of RSI?

Much of my research touches on topics that are highly germane to RSI. My research shares a fundamental commitment to exploring how best to leverage dispute resolution to promote access to justice.

What are you most looking forward to during your time on the RSI Board?  

Chicago is fortunate to have RSI, but RSI can and historically has had an impact in different corners of the country. So I am excited to see how our organization grows, especially in a time when there is a fundamental change in the legal profession. There are few other organizations with as sizeable of a network with the judiciary, legal profession and dispute resolution field. I’m excited to see how we can use all of these assets to introduce greater innovation for dispute resolution.

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