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What do Car Break-ins and Loud Parrots Have to do with ADR? Get to Know RSI’s New CEO

Just Court ADR, July 23rd, 2024

Last month, RSI welcomed Heather Fogg as RSI’s new Chief Executive Officer. Heather comes to RSI with an extensive background in court-connected alternative dispute resolution and research. Her expertise includes directing court mediator excellence programs; managing a state court’s ADR data collection tool; and designing and delivering restorative justice practices across a diverse range of sectors. Heather has guided the evaluation, design and data analysis of grant-funded ADR programs; coordinated workshops and training sessions for court ADR program managers, mediation trainers and mediators; and led and mentored scores of researchers and ADR practitioners. For more details on Heather’s background, read her bio on RSI’s website.

RSI CEO Heather Fogg stands beside James Doyle. They were co-presenters at the Center for Alternative Dispute Resolution Conference in Maryland in June 2024.
RSI CEO Heather Fogg presented with James Doyle at the Center for ADR’s 2024 Annual Conference in Maryland in June. The topic for their presentation was “Ethical Strength Training: Reps and Sets for Everyday Mediator Ethics.”

Recently, Heather sat down for a Q&A to help us begin to get to know the person behind the resume, including what led her to a career in ADR, what motivates her, and some of the aspects of conflict resolution she is passionate about.

How were you first introduced to alternative dispute resolution, and what drew you to it as a career?

I first learned about alternative dispute resolution when leading discussion sections for a course in Criminal Justice 101. The text we used had a brief section about restorative justice, referred to as victim-offender mediation. The process was described as a chance for the people most directly impacted by what happened to come together with a mediator to talk about: 1) what it was like for each of them, and 2) what they each needed in order to make things better. That made so much sense to me — focusing the problem-solving and decision-making on those who were the most familiar with both how the event itself, as well as any effort to resolve it, would affect them personally. I’ve been fascinated by this approach to engaging with conflict and addressing harm among people ever since.

It’s also deeply personal for me. People have broken into two of my homes and two of my cars (all four instances at different times and states). I know the fear, grief and anger those experiences brought to me and my family. I know the challenges we faced in trying to understand the criminal and legal system to make the aftermath of those experiences better. I have no idea why people chose our house or my car, or what conditions in their lives brought them to make this choice. I can see how having an expanded variety of options to meet directly with one another through alternative dispute resolution can bring a different kind of closure, accountability and healing to people who seek them. That’s part of why I have focused my work on seeing what’s possible when we create these opportunities for people who want them.

What appealed to you about working at RSI specifically?

So many things! One thing that has been very important to me is that whatever I’m choosing to give my time and attention is actionable, implementable and purpose-full (yes, you’re seeing that correctly; I wrote it that way intentionally). That’s something I see in everything RSI does, from gathering resources to be shared broadly, to answering compelling research questions, to providing direct services where they might be sorely needed.

Are there any “big questions” related to court-based ADR that interest you in particular?

There are so very many; I’m struggling to name just a few! And admittedly, some may not be so big. I’m very curious about some of the more practical and logistical aspects of court-based ADR, such as: What impacts will changes in technology continue to have, and how will our standards of practice continue to change to meet them? How does the setting where court-based ADR takes place impact how people react and respond within it? And what can we as ADR practitioners learn from the variety of ways people interact with conflict, in order to support them well?

You recently presented at the Center for Alternative Dispute Resolution’s Annual Conference. Can you tell us a little about the topics and how/why you decided to present on them?

Heather Fogg, right, and Kendra Jobe co-presented “Take Two Sessions and Call us Next Time: How Might our Prescriptions for Conflict Engagement Miss the Mark?” at the Center for ADR Conference in June.

I am very fortunate and grateful to Marvin Johnson and Linda Sternberg of the Center for ADR for inviting me to present, and lucky to have incredible friends and colleagues, Kendra Jobe and James Boyle, to develop topics with me. Kendra and I have been working together for years, and one thing we often talk about is the great variety of approaches and processes we’ve learned within the umbrella of ADR — from restorative practices, to group facilitation, to different mediation frameworks. Rather than framing it as though there might be only one “best way” to practice, we invited practitioners to consider: How does the process (or framework within a process) you are the most enthusiastic about fit your own worldview, personality or perspective on conflict? The range of responses and reflections that practitioners offered, as well as the practical tips, techniques and strategies they shared, made the conversation very rich and informative.

The Maryland Standards of Conduct for Mediators is also near and dear to me. In a mediator ethics session, James and I invited mediators to consider how our ethical practice doesn’t come up only when a specific dilemma surfaces, but also in the everyday decisions and actions we take as mediators throughout the mediation process. It’s been important to me to think of any set of standards we use as a constant reminder about why I wanted to become a mediator in the first place: to hold a process where those most directly impacted by the outcomes would have full say and decision-making in what will happen next. I would like mediators to consider that such standards give us guidance in everything we do, say, don’t do or don’t say … and not just when we see a specific dilemma (that may make us suddenly remember to reread them and consider our role).

Is there a book on conflict resolution that you always find yourself recommending (and why)?

This is a wonderfully dangerous question to ask me because one of my favorite things to say is, “I just read {insert book title}, and now I’d love to talk with you about it!” My favorite books about any subject are those that invite the reader to upend their understanding and really look at something from a wholly different perspective. Among my favorite books to do just that in the conflict engagement field are “Justice As Healing: Indigenous Ways” by Wanda D. McCaslin; any of the number of books written by Rupert Ross; “The Outward Mindset” and “Anatomy of Peace,” both by the Arbinger Institute; and “The Conflict Pivot: Turning Conflict into Peace of Mind” by Tammy Lenski.

Have you had a chance to think about any short- and long-term goals for RSI at this point?

One of the things I like that I’m learning about with RSI is the goal to be intentionally reaching more people around the country. I would like to see us have a relationship with at least one court-connected ADR person in every state. So, if you’re reading this now, and you know someone in another state who we should be introducing ourselves to, drop me a line and help us connect (hfogg@aboutrsi.org). I would like RSI to connect with more people around the country who are interested in court ADR as much as we are!

Is there something you’ve learned since starting at RSI that surprised you?

One thing that has really stood out to me is how RSI has such a strong reputation for advancing court ADR that people regularly come to RSI with questions they’re pondering and ideas about how RSI can help them answer them. The depth of relationship and expertise that it shows about RSI is something I feel honored and proud to join.

What keeps you inspired and going when things get tough?

Oddly enough, it’s watching the animals* who live with me squabble, full-on fight, and then get over it, and often even snuggle immediately with each other again. It reminds me that maybe we can follow their example and find our way through conflict without permanently shutting one another out as well. (*Note, I live with seven indoor cats and three delightfully loud parrots. Knowing we can all successfully live together through our conflicts and spats … gives me hope.)

Farewell RSI: Gratefully Recalling Milestones on an Incredible Journey

Susan M. Yates, June 13th, 2024

With my last day as Executive Director at RSI — July 12, 2024 — rapidly approaching, I’m experiencing a bit of nostalgia, especially as I think back to the earliest years of RSI.

I wasn’t there at the very beginning, but as the story goes, the organization started in 1995 when a small group of lawyers and judges gathered around a fireplace in a hotel lobby after a mediation training and hatched the idea for a nonprofit entity that would assist court mediation programs. They called it the Center for Analysis of Alternative Dispute Resolution Systems (CAADRS).

I got involved soon thereafter as a consultant working on a research project. Then the executive committee of CAADRS hired me as its first full-time staff person, in 1997. One of my first tasks was to define the original mission: Collect and disseminate reliable information about court ADR.

In 1999, I hired Jennifer Shack, now RSI’s Director of Research, not knowing this would be the best decision I ever made at RSI. For me, working with Jen for these 25 years has been the greatest gift of my career.

Over the ensuing years, there have been many milestones. Here are a few that stand out to me:

  • CAADRS was an early user of the internet, launching a website to disseminate reliable resources about court ADR
  • CAADRS changed its name to Resolution Systems Institute (Whew!)
  • RSI spun off from our original home as part of the Center for Conflict Resolution, becoming an independent nonprofit
  • RSI more than doubled in size to respond to the foreclosure crisis — providing mediation services in three jurisdictions, training mediators all across Illinois, developing data collection tools and conducting two in-depth evaluations
  • RSI developed and operated more mediation programs — first in child protection cases and then in eviction cases in response to the COVID pandemic
  • More recently, RSI has decided to double down on our strengths in research and evaluation with the hiring of additional staff and taking on more projects
  • For many years now, our mission statement has been “strengthening access to justice by enhancing court ADR systems”

If I started naming the names of all those who have supported RSI and me over these years, there would be no end to this post. Suffice to say I am deeply grateful to everyone who has been part of this incredible journey. 

Fortunately, I am leaving RSI in good hands. Transitioning into the role previously held by a founding executive director is no small feat, but I know Heather Fogg is up to the challenge and will do a great job as the next RSI leader. Please join me in welcoming and supporting her!


Welcome, Heather!

I am not a gambler, but I would bet no child has ever answered the question “What do you want to be when you grow up?” with “I want to run a nonprofit that helps improve access to justice by enhancing court ADR.” Well, there are now two people who could have said that: RSI’s incoming CEO Heather Fogg, and me.

Heather’s first day at RSI will be June 17, 2024. Please join me in welcoming her!

Heather is going to do such a great job building on RSI’s past successes and taking the organization to new heights. Here are just a few of the qualities she brings to this position:

> A passion for quality ADR and the role it can play in enhancing access to justice

> Deep experience with ADR, in particular mediation and restorative justice

> Knowledge of court mediation, especially focusing on quality

> Skills in communication and a focus on excellence

> Background in and enthusiasm for the role research can play in improving court ADR

Heather’s knowledge, expertise and character should assure everyone that this next phase for RSI will be an exciting one that is full of opportunity and success. Please join me in welcoming Heather on June 17!

Jennifer Shack, left, and Susan Yates “then” and now.

Fogg Joining RSI as CEO on June 17; Yates Will Support Transition Through July 12

Just Court ADR, May 29th, 2024

Resolution Systems Institute is pleased to announce the appointment of Heather Fogg as our next Chief Executive Officer. Heather’s hiring follows an exhaustive nationwide search, a rigorous application and interview process, and unanimous approval by RSI’s Board of Directors. She will start on June 17.

Heather Fogg

RSI Executive Director Susan M. Yates will remain on staff through July 12 to help support a smooth leadership transition. After 27 years, Susan is stepping away from RSI to pursue other opportunities in the alternative dispute resolution (ADR) and non-profit worlds.

“The choice of Heather Fogg to take over the helm at RSI gives me great peace of mind,” Susan said. “Heather’s passion for conflict resolution, ADR experience and strategic vision are clear evidence of her commitment to improving access to justice by enhancing court-connected ADR. I am confident in her ability to help RSI maintain its position as the nation’s premier court ADR organization. Furthermore, Heather’s authenticity and enthusiasm will make it easy for RSI’s staff, board and partners to connect with her.”

Heather comes to RSI with an extensive background in court-connected ADR and research. Her expertise includes directing court mediator excellence programs; managing a state court’s ADR data collection tool; and designing and delivering restorative justice practices across a diverse range of sectors. Heather has guided the evaluation, design and data analysis of grant-funded ADR programs; coordinated workshops and training sessions for court ADR program managers, mediation trainers and mediators; and led and mentored scores of researchers and ADR practitioners. For the past three years, Heather has been a Training and Capacity Building Restorative Justice Practitioner at Restorative Justice Project Maine.

“Heather has an impressive combination of hands-on experience with court ADR, a track record of successful leadership, and dedication to ADR research and evaluation,” RSI Board President Brian Roche said. “We feel secure that Heather is the right person to lead RSI through its next phase of innovation and accomplishment.”

Heather lives in Maine’s Midcoast region and will lead the Chicago-based RSI remotely. RSI currently has staff in the Chicago area, as well as in Central Illinois, Florida, Maine and Texas.

“I feel thrilled and overjoyed to join RSI and help guide us through our next chapters,” Heather said. “RSI has an unmatched reputation of excellence in court ADR, and I am fortunate to have the opportunity to bring all of my skills to bear on serving the goal of making court-connected ADR as accessible and effective as possible for parties and courts with the least resources.”

Sowing Seeds that Blossom into a Meaningful Life’s Work

Susan M. Yates, April 16th, 2024

On April 11, 2024, the American Bar Association Dispute Resolution Section honored me with its D’Alemberte Raven Award. The award is given “in recognition of development of new and innovative programs, demonstrated improvements in service, demonstrated improvements in efficiency, research and published writings, and development of continuing education programs.”

The following are the remarks I made at the award ceremony.

Susan M. Yates gives a speech after being presented with the D’Alamberte Raven Award at the American Bar Association Section of Dispute Resolution 2024 Spring Conference.

Thank you.

I must say, when I first learned I was getting this award, I was stunned.

That was followed quickly by a surge of love for my friends who nominated me. Thank you, Peter, Jen, Jim, John, Kelly and Terry. I live in abject fear of leaving someone out when I publicly thank people, so I am going to stop naming names right there! But I will give a huge thank you to all my friends and colleagues, who I respect and love from the bottom of my heart.

An occasion like this was bound to lead me to reflect on my career. As I did, I thought about all the small, day-to-day actions that turned into something important for me. This evening I invite you to join me in reflecting on little things, and to keep doing those small acts because you just never know.

Here’s my first example:

It’s from the end of the ’70s. I was at Cornell’s School of Industrial and Labor Relations, studying mediation, arbitration, negotiation, etc. A representative from the Rochester (NY) Community Mediation Center (not their long-time executive director Andrew Thomas) came and spoke about community mediation. And that idea lodged in the back of my mind and deep in my heart.

So, when you are asked to speak to a class about mediation, conflict resolution, ADR, whatever … go! It is possible that when you do, you could plant a seed that will bloom for decades.

Another example:

ABA Section of Dispute Resolution Chair Ana Sambold, left, presented Susan Yates with the D’Alamberte Raven Award at the section’s spring conference. (Photo courtesy of ABA Section of Dispute Resolution)

A few years out of college, I was living in Chicago and found that there was a local community mediation center — what is now known as the Center for Conflict Resolution. I reached out; they were doing a mediator training the next two weekends and invited me to participate. That training, which came about because someone answered the phone and extended an invitation, formed the basis for the rest of my career!

So, as you are going about your day, answer the phone or an email, and make a simple offer. It might not be consequential for you, but it could be life changing for someone else.

Here’s an example from later in the ’80s,when I was executive director of that community mediation program in Chicago:

I went to a Chicago Bar Association reception and happened to meet in person a funder, Kent Lawrence, who was supporting our eviction mediation program via a third party. (Yes, eviction mediation was happening back in the ’80s.) From that chance meeting came a multiple-decade friendship and funding relationship that has enabled Resolution Systems Institute to grow into the organization it is today.

So, go to those gatherings and other events — whether in person or online. Meet new people and develop those personal and professional friendships.

Here’s another example from a few years later:

Jim Alfini — who many of you know and is the OG of the DR Section — invited me to grab coffee and talk about the ABA DR Section. He was about to chair the section and invited me to chair the Associates Committee. Well, that led to me serving on the Council for a number of years, being one of the ABA’s two representatives to the revision of the Model Standards of Conduct for Mediators and many, many, MANY other involvements — budgeting, nominating, ethics, strategic planning, conference programming — in the Section. In the Section, I found my professional home.

So, take someone to coffee. Invite them to engage with the DR Section or another organization of your choice. Help your colleagues find their professional home.

And one final example from about the same time in the ’90s:

Susan Yates (right) with RSI Director of Research Jennifer Shack (center) and RSI Researcher Rachel Feinstein at the ABA Section of Dispute Resolution Conference in April 2024.

I was executive director at Resolution Systems Institute — where I still am today — and looking to hire someone to be the second RSI staff person. One person I interviewed was right for the job, but could only promise to stay for 18 months. Well, that was the magnificent Jennifer Shack, RSI’s Director of Research, with whom we recently celebrated 25 years at RSI. Were it not for her, RSI would certainly not be the organization it is today, and I would likely not be standing here in front of you.

What does this tell us? Better to hire someone good for a short amount of time. You never know where it might lead. 

Each of these seemingly small actions had a huge impact on my life and ultimately led to me standing here this evening. So, I encourage us all to keep doing those small things. Speak to a class, respond to an email, meet people, invite someone to get involved, hire someone because they are good.

In closing, I will add another action: Nominate a colleague for an award. You will never know how much it means to the person who receives the award.

Thank you.

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