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Just Court ADR

The blog of Resolution Systems Institute

Archive for the ‘Policy-making’ Category

Values and Interests Revealed in Detroit “Grand Bargain”

Just Court ADR, June 24th, 2014

The story of the Detroit bankruptcy mediation’s emerging “Grand Bargain” (as it has been dubbed in the media) is a fascinating case of many different groups working to protect their chosen interests. The bargain demonstrates how mediation allows parties to consider what they are willing to give in order to secure the things that matter most to them, and how traditional rivals may collaborate for a shared goal. Where litigation must have winners and losers, the proposed mediated bargain seeks to avoid that. Instead, it involves a complex balancing act in which many parties give a little to get a little — if “a little” is the right way to describe the potential movement of hundreds of millions of dollars. (more…)

When It Comes to Mediation, Less Regulation May Be More

Jennifer Shack, June 16th, 2014

You’re a judge charged with overseeing a voluntary civil case mediation program in your court. Because you’ve been monitoring your program, you know that, though 75% of cases going through mediation are reaching agreement, the program isn’t doing much to reduce judges’ workloads because mediation generally occurs very late in the case.  What do you do?

You have at least three options: (more…)

Maryland and Illinois: A Tale of Two States

Jennifer Shack, May 15th, 2014

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…)

Illinois Expands Law Student and Graduate Representation in ADR

Just Court ADR, June 19th, 2013

Yesterday, 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…)

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