Resources / Study / Innovation for Court ADR

Just Court ADR

The blog of Resolution Systems Institute

Archive for the ‘Research’ Category

RSI Turns 20!

Susan M. Yates, April 22nd, 2015

Can you believe RSI is twenty years old today? Back in 1995, no one could have predicted that what started as an idea – collect and disseminate reliable information about court ADR in Illinois – would become a nationally-recognized non-profit providing a full array of services in support of quality court ADR.

Indeed, RSI’s life as an independent non-profit is much shorter – not quite two years. We started life as part of Chicago’s Center for Conflict Resolution and spun off in July of 2013. These past two years have seen a dramatic expansion of RSI’s services. In addition to the court dispute system design, program monitoring and evaluation, and online resource center at CourtADR.org that have long been staples of RSI’s work, we are now administering court mediation programs and training mediators.

The motivations that undergirded the founding of RSI continue to steer our work. Chief among those ideas: sharing reliable information about court ADR among court ADR programs can elevate the quality and effectiveness of court ADR services. We are living out that idea with comprehensive monitoring of foreclosure mediation programs administered by RSI and by our program partners. By collecting reliable and accurate data, RSI is able to provide program evaluation that is improving the quality of foreclosure mediation throughout the state.

Want a way to celebrate? Go to RSI’s Razoo site and make a donation! We plan to be around for a lot of double decades to come, so how about some multiple of $20?

Does It Matter If Your Home Loan Is Owned by Fannie Mae or Freddie Mac? RSI Is Set to Find Out

Jennifer Shack, March 26th, 2015

Foreclosure mediation is proving to be a fruitful field for research. As part of the comprehensive evaluation I’m conducting of six foreclosure mediation programs in Illinois, I interviewed those involved in administering those programs. One of those administrators, who also is one of two mediators for a program in central Illinois, said he was seeing a difference in outcomes for cases based on the loan’s investor. Investor restrictions often dictate the outcomes that are available to homeowners facing foreclosure. Government-sponsored enterprises (GSE’s), Fannie Mae and Freddie Mac, have different restrictions than federal agencies, like FHA and VA. For example, FHA’s loss mitigation policies say that homeowners can’t be offered a loan modification if they had obtained one in the previous two years. The administrator believed those differences in outcomes was caused by the differences in regulations. (more…)

Connecticut Evaluates Mortgage Foreclosure Mediation Program

Just Court ADR, March 9th, 2015

In October 2014, the Connecticut Judicial Branch released an evaluation of its Mortgage Foreclosure Mediation Program. The Connecticut study evaluates six years of foreclosure mediation program data, dating from the program’s inception in 2008. As RSI prepares the first evaluation of Illinois’ six foreclosure mediation incubation programs, the earliest of which began accepting cases in December 2013, it’s interesting to review Connecticut’s data and how the program has evolved over time.

Given Connecticut’s six year history with foreclosure mediation, the report is able to explore how homeowners who participate in the foreclosure mediation program have fared over time. This information is very valuable, since the long term sustainability of mortgage modifications, such as those offered through HAMP, have often been called into question. (more…)

How to Mediate High-Conflict Cases: Balance and Control

Jennifer Shack, October 3rd, 2014

Like a lot of ADR researchers, I’m always interested to know what really happens in the black box that is the mediation session. So, when someone pries the box open to look inside, my eyes light up.  Researchers have begun using conversation analysis to uncover what happens in mediation that leads to successful outcomes. (Mary Novak wrote about another example of this fascinating research method before in this blog.) The latest contribution to this research comes from Norway, with a study of 154 custody mediations.

The study by Peder Kjøs, Odd Arne Tjersland and Katrina Roen, described in “The Mediation Window: Regulation of Argumentation and Affect in Custody Mediation,” (Journal of Divorce & Remarriage, Vol 55, Issue 7, pp 527-538), focused on the 38 cases that were considered to be high-conflict. In those cases, successful mediators were found to control the course of the conversation and effectively move it between emotional content and factual content. This contrasts with the actions of the mediators in the unsuccessful mediations. Those mediators tended to steer away from emotional issues and focus more on factual ones. (more…)

Verified by ExactMetrics