As someone working to develop and improve court ADR in Illinois, I have long been envious of the comparatively vast resources available to do this in Maryland. And I’ve also been very interested in what Maryland’s multi-year statewide evaluation of ADR will find. Recently, the research team involved in the evaluation published its report on Maryland’s ADR landscape. To some extent, the report was eye opening. Despite a Supreme Court that is highly supportive and a statewide organization with ample funding, in some ways the landscape looks very much like Illinois’, where the Supreme Court has not taken a leadership role and funding has been limited and unreliable. (more…)
Archive for the ‘Policy-making’ Category
Maryland and Illinois: A Tale of Two States
Jennifer Shack, May 15th, 2014Illinois Expands Law Student and Graduate Representation in ADR
Just Court ADR, June 19th, 2013Yesterday, the Illinois Supreme Court announced changes to Rule 711 that explicitly permit qualified law students and graduates who have not yet been admitted to practice to provide ADR representation starting July 1, 2013. Consistent with previous requirements, law students and graduates will offer legal services with client consent, under attorney supervision. However, the revised rule allows law students and graduates to appear on behalf of clients in court-annexed arbitrations and mediations in Illinois courts and administrative tribunals, and to represent clients in nonlitigation matters. It also reduces the coursework required before applying for permission to provide services. (more…)
Illinois Rule Changes Increase Opportunities for Legal Representation in ADR
Just Court ADR, June 17th, 2013Illinois rule changes that may increase the availability of counsel for alternative dispute resolution processes take effect in two weeks. After July 1, 2013, it will be easier for lawyers to work with clients on one clearly defined portion of a civil legal matter without taking on other issues or proceedings within the case. Updated forms and procedures streamline representation for clients who wish to retain a lawyer for settlement negotiations only, understanding that the lawyer will not be responsible for taking the case to trial. (more…)
What Does the Transformation of Justice Look Like? British Columbia Has an Answer
Jennifer Shack, June 7th, 2013With the financial crunch that has hit courts, jurisdiction after jurisdiction has asked what ADR’s role should be. Should ADR be the method through which courts can both serve litigants and save money, or is it a financial burden on courts that should be eliminated or privatized? In many courts in the US, the answer has been the latter. This was seen most recently with the closure of Los Angeles County’s ADR program – the largest in the country. As mediators there work to develop a private system to replace services the court once provided, the government of British Columbia is moving in a different direction. There, the eye is on developing integrated administrative systems, including ADR, that would limit use of the courts to those disputes most appropriate for litigation. (more…)
