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Just Court ADR

The blog of Resolution Systems Institute

Archive for the ‘Program Design’ Category

Courting Funds: How to Finance an ADR Program

Just Court ADR, August 20th, 2015

Recently, an administrator from a southern US state reached out to RSI with questions concerning financial support for court ADR programs. After having a substantially well-funded program for many years, the state was hit hard by the recession and had to cut many services. Hoping to rebuild the robustness of her state’s ADR offerings, she reached out to RSI about developing a proposal for a new pilot program, asking specifically how to finance such an undertaking. (more…)

What “Mandatory” Really Means in Foreclosure Mediation

Susan M. Yates, July 13th, 2015

There is a lot to be learned by reading RSI’s evaluation of the foreclosure mediation programs that are supported by a grant from the Office of the Illinois Attorney General. The evaluation, which was conducted and written by RSI’s amazing Director of Research, Jen Shack, is comprehensive, well-reasoned and insightful.

One thing that struck me is how the various programs use the term “mandatory” to describe mediation services. When I think of mandatory participation in mediation, I think of the typical family mediation program for contested child-related issues in which parents must attempt mediation (barring certain disqualifying factors) or the court will not move forward with their case. In foreclosure mediation, some programs call themselves mandatory, but court rules impose no negative consequences if the homeowners do not try mediation. (more…)

Boston Police Department Creating Mediation Program for Complaints Against Police

Just Court ADR, May 14th, 2015

The Boston Police Department is in the last stages of creating a program to address citizen complaints against police officers. The program would attempt to resolve disputes through mediation. Organizers hope to improve police/citizen relations, and to help clear some of the backlog of citizen complaints in Boston that may take 400 days or more to resolve.

The program is anticipated to involve the police department, three police unions and the Harvard Mediation Program at Harvard Law School. At this time, the unions still need to approve the program policy. Mediators would include Harvard Law School students and local residents trained in dispute resolution. They would handle moderate disputes from the Boston PD Internal Affairs department, such as “rudeness, unprofessional conduct and abusive language.”

Mediations would take place on neutral territory away from the police department. Most cases would conclude in a day, and the Harvard Mediation Program would supply mediators at no charge. Internal Affairs would continue to manage more serious complaints.

Police departments in several other major cities including Washington DC, New York City, Denver and San Francisco already have similar third-party mediation programs.

Bringing Court ADR Programs into the Courtroom

Just Court ADR, May 8th, 2015

As the RSI foreclosure mediation team continues to incubate foreclosure mediation in Illinois, we have explored a variety of ways to reach out and connect with homeowners who could benefit from our programs’ services. One approach has been to establish our programs’ presence at the courthouses where homeowners are attempting to navigate the foreclosure process. Going to court can be an overwhelming or intimidating prospect for homeowners facing foreclosure. Providing information about available resources like the foreclosure mediation programs can be a great opportunity to connect with homeowners.

As the program coordinator for Illinois’ 17th Circuit’s Foreclosure Mediation Program, I began to explore whether increasing the program’s presence in the courtroom could increase our impact on the community. With this goal in mind, I recently started meeting potential parties at the Winnebago County Courthouse in Rockford. I go over to the courthouse during the foreclosure court call so that I can work directly with homeowners interested in participating in foreclosure mediation. Because I am waiting right outside the courtroom, the presiding judge can refer homeowners into the mediation program and send them directly to me for more information. I am also available to answer more general questions that homeowners or attorneys may have about the program and other area resources. In deciding to increase the presence of the foreclosure mediation program at the courthouse, I looked to other models around the state for ideas about how to proceed. Since instituting my own procedure, I’ve learned more about what can make these efforts most effective. For other programs looking to expand their court presence, here’s what I’ve learned. (more…)

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