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RSI Executive Director Susan M. Yates to Receive ABA’s D’Alemberte Raven Award

Just Court ADR, March 11th, 2024

RSI is thrilled to share the news that the American Bar Association Section of Dispute Resolution (ABA DR Section) has chosen our own Susan M. Yates to receive its prestigious D’Alemberte Raven Award this year!

Resolution Systems Institute Executive Director Susan M. Yates

The ABA DR Section will present the award at its 2024 Dispute Resolution Spring Conference, taking place April 10–13 in San Diego.

The D’Alemberte Raven Award is the premier award in the field of alternative dispute resolution. It is presented to an individual or organization that has contributed significantly to the dispute resolution field through the development of new or innovative programs, improvements in service, improvements in efficiency, research and/or published writings, and/or development of continuing education programs.

As you may know, Susan has been Executive Director of RSI since 1997, when she was instrumental in its founding. She is responsible for implementing RSI’s mission of strengthening access to justice by enhancing court ADR systems.

“Susan’s astute, dedicated stewardship has made RSI the nationally respected ADR thought leader it is today,” said longtime member of the RSI Board of Directors Terry Moritz. “Because of her leadership, RSI has continued to develop landmark research and is enabling the ADR field to maintain high standards of both efficiency and ethics. Susan’s recognition by the Dispute Resolution Section of the ABA is certainly well deserved.”

Please join us in congratulating Susan on this wonderful achievement!

The True Flowers of Life

Susan M. Yates, February 12th, 2024

At my first job, working at a Dairy Queen, I learned a lesson that has been proven time and again during my career. The people you work with make or break any job.

Photo by David Bartus, via Pexels

Applying that lesson to being executive director at RSI, it is easy to see why this has been the job of a lifetime. The people who work at and with RSI are amazing. They are smart, hardworking and dedicated to using ADR to make the civil court system work better for people with the least resources.

That’s one big reason it is bittersweet to leave RSI after 27 years.

But I’m also excited about my next phase. I am going to work in my two favorite areas – conflict resolution and non-profits – providing coaching, consulting, training, etc. And I’m hoping to maintain those wonderful relationships with the people who have made this job so much fun.

If you know someone who might be a good fit for the RSI CEO position, please encourage them to apply here.

I’m proud of what we have accomplished together at RSI. Board members and staff, mediators, judges, lawyers, researchers, funders, mental health professionals, professors and so many others have worked together to develop RSI from an idea to a nationally respected organization. We work hard every day to accomplish RSI’s mission of improving access to justice by enhancing court ADR.

In reflecting on these years, and thinking ahead to the coming transition, I remember a quote from comedian Lord Buckley that was on a poster in my childhood home. “The flowers, the gorgeous, mystic multi-colored flowers are not the flowers of life, but people, yes people are the true flowers of life, and it has been a most precious pleasure to have temporarily strolled in your garden.”

Most Give High Ratings for Mediator Fairness, Trust in Mediator in Recent Surveys of RSI’s Kane County Eviction Mediation Program

Jasmine Henry, January 10th, 2024

RSI administers an eviction mediation program in Kane County, Illinois. Every quarter, we provide a report to the court on the participants’ experience in mediation based on their responses to a post-mediation survey.

Between July 1, 2023, and September 30, 2023, 174 eviction mediations were held in the 16th Judicial Circuit of Illinois (Kane County). After every mediation, participants were invited via email or text to complete an online survey about their experience; not all of the participants completed surveys. In our latest survey report, we examined participant responses from those three months. Specifically, we focused on participant opinions regarding fairness, trust and satisfaction. In all, 21 tenants, one landlord and 11 attorneys responded. The participants responded to the questions according to a seven-point scale, which we consolidated into three categories: low (1–2), medium (3–5), and high (6–7). Participants were invited to add comments to some of their responses. Their responses are summarized below.

Trust in Mediator, Perceived Fairness

We asked respondents about their perception of the mediator. Specifically, we asked: “How fairly did the mediator treat you?” And, “How much did you trust the mediator?” Almost two-thirds of participants gave high ratings for mediator fairness and trust. However, respondents tended to rate mediator fairness higher than mediator trust. For example, fewer than 3% of respondents thought the mediator did not treat them fairly, while 15% of respondents had low trust in the mediator. There was a parallel, albeit smaller, difference observed in the positive ratings, with 63% of respondents rating the mediator as very fair, compared with 58% who had high trust in the mediator.

Turning more broadly to respondents’ perception of the mediation process as a whole, we asked: “Overall, how fair was the mediation process?” Most of the participants who responded felt that the mediation was fair overall, with 62% saying it was highly fair. Notably, this is very similar to the percentage of respondents who said the mediator was highly fair. Not all of the respondents were impressed with the process, and 10% of respondents rated the mediation a little fair or not at all fair.

Tenants who rated overall fairness as high focused on the clarity mediators provided them, describing mediators as “helping” and “kind.” An attorney who rated overall fairness high also emphasized the mediator’s “sympathetic demeanor.”

Comments of Tenants, Attorneys

We asked respondents to explain their overall fairness ratings. The landlord did not comment, but many tenants and some attorneys did. Tenants who rated overall fairness as high focused on the clarity mediators provided them, describing mediators as “helping” and “kind.” An attorney who rated overall fairness high also emphasized the mediator’s “sympathetic demeanor.” A quarter of the tenant comments mentioned court-based rental assistance, which tenants were often referred to by the program. Several tenants also saw the mediators as helping, saying, “They stood up for me … They didn’t let [the landlord] push me,” and “[We asked] for what we wanted and [the mediator] basically fought for us to get it.”

In contrast, tenants who gave medium and low ratings on overall fairness tended to focus their frustrated comments on the mediator’s relationship with the landlord. One tenant said the mediator “may have been more partial to the landlord” because they “were familiar with one another”; another tenant said plainly that “they are there to mostly help the landlord.” One tenant felt frustrated that the mediator did not seem to believe what the tenant said at mediation, saying, “The mediator seemed to take what I had to say about the situation with a grain of salt.” Attorneys who rated the overall fairness at a medium or low level focused on efficiency, with one saying, “I was disappointed that the mediator allowed the opposing side to spend valuable time on issues irrelevant to the case.”

Likelihood to Recommend Eviction Mediation

To further explore participant satisfaction, we asked participants: “If a friend or colleague had a dispute like yours, how likely are you to recommend eviction mediation?” Most of the participants who responded were likely to recommend mediation to a friend or colleague, with 67% saying they were highly likely to recommend it. One tenant commented, “I would recommend all mediation options; sometimes tenants are unaware of the resources available due to lack of communication or shame.” However, another tenant who was less satisfied with the process commented, “It doesn’t help the tenant. At all. It helps landlords.”

As was the case with the first question on participant satisfaction, the landlord did not comment on their responses to this question, but we did receive two attorney comments. One attorney who was highly satisfied with the mediation process commented, “We made the exact same settlement offer that was accepted at mediation to the landlord’s attorney months ago, and they never responded in any way despite multiple phone calls. I assume this was on their client’s instructions. Because of the mediation process, I believe they would have continued stonewalling us.” The attorney who was unlikely to recommend mediation to a colleague said: “The lengthy mediation process is not helpful in my view. Before this system was implemented, and still now (in other counties), I am often able to reach agreements with the tenants within 5–10 minutes in the hallway outside the Courtroom. There is no need for the mediator, in my opinion.”

Conclusion

In conclusion, the survey responses indicate that the program continues to provide a positive experience to most participants. Those who completed the survey generally had positive perceptions of the mediators and the program, with the majority giving high ratings on fairness, trust and satisfaction. However, some participants’ comments point to a perception among tenants that mediators are biased toward the other side and a perception among attorneys that the mediation process is not efficient.

RSI Mediation Program Has Helped Over 1,500 Households Avoid Eviction

Sandy Wiegand, November 21st, 2023

More than two years ago, amid the looming threat of a rush of evictions as Illinois prepared to end its pandemic-era eviction moratorium, RSI partnered with the circuit court in Kane County to create a mediation program. It was free of cost to both tenants and landlords.

The program’s impact has been impressive. Since the eviction moratorium ended in October 2021, the Kane County Eviction Mediation Program has helped over 1,500 households avoid the traumatic effects of a sheriff’s eviction. Meanwhile, the program’s connections to rental assistance and legal and financial counseling have made it far more possible for these tenants to meet their financial obligations to landlords.

RDNE Stock Project via Pexels

Judge John Dalton, the 16th Circuit’s presiding eviction judge, also credits the program with helping the court run smoothly.

“With the help of RSI, Kane County was the first in Illinois to launch an eviction mediation program, and we have been overwhelmingly pleased with the outcomes,” Judge Dalton says. “It has been successful in assisting landlords and tenants in reaching mutually beneficial agreements. Thanks to this program, the court has been able to run efficiently during an eviction surge.”

RSI regularly surveys Kane County Eviction Mediation Program participants as one way to evaluate the program’s effectiveness. And participants have told us that mediation helps them feel heard and seen — as one tenant said, “like an actual person and not just some case number.”

As the weather turns colder and the potential consequences of eviction wax even harsher, RSI’s Kane County Eviction Mediation Program continues, with the support of the Illinois Equal Justice Foundation, the 16th Circuit Court, dozens of dedicated mediators, a few hard-working RSI staff members, and generous donors such as yourself. 

Thank you for your commitment to RSI’s work. If you’d like to invest in impactful endeavors such as the Kane County Eviction Mediation Program, you can do so on our website.

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