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Retentions & Reflections: Thoughts from Illinois’ 17th Circuit Foreclosure Mediation Program Coordinator

Just Court ADR, July 6th, 2018

In 2013, RSI received a grant from the Illinois Attorney General to incubate foreclosure mediation in Illinois. This grant was funded by National Mortgage Settlement funds for a period of three years, later extended to five. This grant will be ending August 31, 2018, at which time the program will be taken over by the court. In this post, Sarah Flores, the Program Coordinator for the 17th Circuit Foreclosure Mediation Program, reflects on her experiences in the role.

Prior to becoming the Program Coordinator for the 17th Circuit Foreclosure Mediation Program, I didn’t know a lot about mediation. Before I became a program coordinator, I was a teacher and taught science and reading. As a teacher, I used mediation skills daily without even realizing it. When teachers ask questions, they need to listen and summarize, sometimes mentioning the emotions that students feel around the topic. Teachers have to make each student feel heard and active listening is a way to do this. Mediators do the same thing. They make each side feel heard, acknowledge emotions and summarize. After walking away from teaching, I have fallen in love with mediation in this position. I enjoy the satisfaction of making people feel heard and working through issues. Even though a parties’ issues may not be resolved in the end, they understand what they can do to resolve them.

I really enjoy being able to help people. Homeowners who are in foreclosure typically have not been there before and do not know how the process works or how to save their home. Empowering an individual who may feel helpless and undereducated about the process is one of the most rewarding parts of my job. Many times, even if the homeowner is not going to keep their house, they still are grateful for the program.

My best experience was getting to work with a couple who had given up completely. When they entered the program they were anxious about every step. I answered countless phone calls from them. In the end, they were able to keep their home and they were absolutely delighted with the result. Had they not been in the program, I am not sure that they would have followed through on all the steps to complete the retention process.

One of my worst experiences during my time as Program Coordinator involved working with a difficult homeowner who wanted to keep his home.  Even though I frequently clarified my role as a neutral party, the homeowner incorrectly thought that I could make the lender offer him better deals and that my mediator represented him. The homeowner wanted to negotiate a reinstatement amount, the lender would not negotiate on the amount. After several mediations where the homeowner did not have the funds, but kept stating that he would have them, the homeowner was removed from the program. I believe that had the homeowner been open to more options and better understood how the program worked, a more helpful solution could have been provided. Not all cases are negative, most cases that come through the program are positive and end with positive results.

The one thing I wish I could do is get homeowners to follow through. Although turning in the initial documents can seem daunting, especially to busy or elderly homeowners, it is an important task.  I try to help the best I can, but being a neutral party I can only do so much.

Though my time with RSI is coming to an end, I am glad I have the opportunity to continue doing this work. This is in large part due to the fact that the 17th Judicial Circuit has been an innovator in court ADR for decades. There was a lot of creative work that was done to keep the program financially viable after the grant comes to an end. That creativity shows this work is still valued even after the “foreclosure crisis” is over.

Congratulations Kent Lawrence on Receiving The Hon. Gerald C. Bender Humanitarian Award

Just Court ADR, June 29th, 2018

The Board and Staff of RSI would like to congratulate Kent Lawrence on his receipt of the Decalogue Society of Lawyers​ Hon. Gerald C. Bender Humanitarian Award. The Hon. Gerald C. Bender Humanitarian Award is presented to individuals whose excellence and dedication demonstrate commitment to strive for justice by serving the community.

Kent Lawrence is a founder of RSI and continues to be a steadfast support of our mission of strengthening the justice system by enhancing alternative dispute resolution.

Were it not for the vision of Kent Lawrence, RSI would not exist and countless litigants would not have benefited from alternative forms of dispute resolution.

Congratulations Kent, we are very proud of you!

Kathy and Kent Lawrence and RSI’s Executive Director Susan Yates at the Decalogue Society of Lawyers 84th Annual Awards Dinner this past Wednesday, June 27, 2018.

A Look Back on 2017

Nicole Wilmet, December 27th, 2017

What a wonderful year 2017 has been! From court program evaluations and trainings to staff gatherings, we have had an exciting year and continued to make great strides in serving communities with court alternative dispute resolution!

One of the greatest highlights from this year was the launch of our new website, AboutRSI.org! The launch of our new site brought together our two previous sites to become a one-stop shop for all things ADR. Our updated Resource Center allows for quick and easy searches for court ADR resources in our Research Library, and provides summaries of Court ADR Across Illinois and Court ADR Across the US. Additionally, the launch of our new website also brought the release of our Guide to Program Success, a how-to guide on court ADR program design, management, and evaluation. We look forward to continuing to share and add new resources to our Resource Center in 2018!

This year, our staff continued to bring RSI’s expertise to communities across the U.S. Here in Illinois, our program coordinators ran successful Foreclosure Mediation programs in Lake, Winnebago, Boone, and Kane Counties. We also launched our Child Protection Mediation program in Kane County, addressing cases involving abuse and neglect. Outside of Illinois, our Executive Director Susan Yates and Kane County Mediation Programs Manager Kevin Malone traveled to San Francisco for the American Bar Association Section of Dispute Resolution Conference! Additionally, this year, Susan traveled to Georgia and New Hampshire to lead a training for court ADR program administrators and provide training for state and federal court mediators and lawyers.

2017 was also a busy and exciting year for our Director of Research, Jennifer Shack, who spent the year engaged in several research and evaluation projects. This year, Jen lead an evaluation of Washington, D.C. Court’s child protection mediation program, an evaluation of a pilot program in Ohio that will use mediation for civil stalking cases, and an evaluation of the Supreme Court of Ohio Dispute Resolution Section’s The Right Track Project, a pilot program to address truancy problems. Want to have Jen help evaluate your court’s program in 2018? Click here to learn more!

Last but certainly not least, our Board members were also recognized for their work in ADR this year! In April, long-serving RSI Board member James J. Alfini was awarded the American Bar Association Chair’s Award for Outstanding Service to the ABA Section of Dispute Resolution!

As we finish this month we are thankful for a wonderful 2017 and are looking forward to 2018!

Happy New Year From All of Us Here at RSI!

Get to Know You Interview Series: Susan Yates

Nicole Wilmet, November 27th, 2017

Welcome to the second installment in our Get to Know You Interview series! My name is Nicole Wilmet and I am RSI’s Resource Center Director. Each month, I will be sitting down with members of the RSI staff to learn more about them and what they do in their role at RSI.

This month, I sat down with RSI’s Executive Director Susan M. Yates.

NW: What is your role at RSI?

SMY: Executive Director

NW: How did you first get involved in ADR?

SMY: Back in college, I studied labor relations at Cornell University’s School of Industrial and Labor Relations. I was especially interested in the courses about mediation, arbitration and negotiation. The school was very divided between people coming from the labor perspective and those coming from the management perspective. That seemed pointless and wasteful to me.

When the school brought in someone from one of the very first community mediation organizations in the country to talk to the students about community mediation, it clicked for me. Why waste all that time and energy in divisiveness and angst when you can sit down and work out a plan that satisfies everyone?

NW: What is your favorite part about being a mediator?

SMY: The people. I love getting to know people and learning from them. People in conflict are often very open with mediators, and I am no exception. With that openness, I can generate rapport and help people construct a way out of a conflict that has been weighing them down. It is a pretty special service to be able to provide.

NW: How did RSI come to be?

SMY: That is a long story. As with many successful ventures, RSI started with a few smart, committed people who shared a vision. A judge, an academic and a funder saw the need for collecting and disseminating reliable data and guidance that courts could use to improve their management and delivery of ADR services. They formed the base for RSI and over the years we developed a remarkable Board of Directors, a fabulous staff and a wide array of services.

NW: With all the various types of ADR, how did RSI come to focus on court ADR specifically?

SMY: If we want to make systemic change in how people resolve their disputes, what better way than by working with courts? I have adapted the quote from the bank robber Willie Sutton who, when asked why he robbed banks, said, “Because that’s where the money is.” I say, “Why work with court ADR? That’s where the cases are.”

NW: What is a typical day like as Executive Director?

SMY: Ha! Typical day? There is no such thing!

NW: What is your favorite part of your job? Why?

SMY: Dispute system design. I love figuring out how ADR can meet the needs of people in dispute, as well as all the stakeholders. These days I am focused on online dispute resolution for families. A process like this will help smooth the way for parents as they go through separation or divorce, and we know less parental conflict is good for the children. It will help judges who are overwhelmed with parents who are trying to represent themselves. Plus, from the perspective of the ADR field, it will help keep the “A” in alternative dispute resolution.

NW: What role does RSI play in the ADR community and how do you see this role expanding in the future?

SMY: We are seen as the “go-to” source for everything related to court ADR. We accomplish a lot of this through our totally renovated website (AboutRSI.org) that we launched recently. The other critical piece is the expertise of our amazing staff. Over the years we have worked with all kinds of court, bar and other committees; trained mediators, judges and court staff; presented at conferences and via webinars; and written, written, written. With all these great resources – online and in person – I expect RSI will be able to meet the needs of people working in court ADR for years to come.

NW: During your time working in court ADR, what, if any, would you say has been one of the biggest challenges you have faced and how were you able to overcome this challenge?

SMY: Funding. I can’t say we have overcome this challenge, but I don’t know that any non-profit ever overcomes the challenge of bringing in the funds needed to provide services. I must say that RSI would not exist were it not for the generous support of the M.R. Bauer Foundation. They have supported us since the very beginning. Over the years, they have been joined by individuals, law firms, ADR providers, corporations and other foundations. We are also supported by government entities. For example, the Office of Illinois Attorney General Lisa Madigan has supported our work in foreclosure mediation for more than four years. Also, courts around the country have contracted with RSI to provide services ranging from training to program evaluations.

There is still a lot of work to do. If anyone wants to donate, they can visit our page on Razoo, which processes our contributions!

NW: What aspect of ADR are you most interested in?

SMY: I am dedicated to mediation as a method of improving access to justice. There are a lot of challenges, but I think there is enormous potential.

NW: What are some of your favorite projects that you have worked on while at RSI?

SMY: Foreclosure mediation is definitely a big favorite. This is the area where I say RSI got to “practice what we preach.” Thanks to the support of the Illinois Attorney General, we got to do it all: dispute system design with stakeholders, training mediators, administering programs, collecting monitoring data and conducting a statewide evaluation. We helped all the programs in the state improve by giving them actionable data. With foreclosure mediation, I think we showed we know what we are doing.

NW: What is your favorite activity to do outside of work?

SMY: Anything related to my son! He is a Marine so I don’t get to see him often, but he is always my favorite person. (Pictured below.)

NW: If you could have dinner with any three people (living or dead) who would they be and why?

SMY:

Jesus.

My great-great-great grandmother. She was pregnant when she got on a ship to emigrate to the US and she gave birth on that ship. I would want to ask her what she was thinking.

Someone who wants to fully fund RSI in perpetuity!

 

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