RSI Director of Research Jennifer Shack joined ODR.com CEO Colin Rule and Redek founder Nicolas Lozada this month for an ODR Cyberweek 2024 webinar on the topic of online dispute resolution to settle family law cases, focusing on a report Shack co-authored in 2021.
ODR Cyberweek is a free, virtual conference hosted annually by the National Center for Technology and Dispute Resolution (NCTDR).
Shack answered questions about the 2021 evaluation of a Michigan ODR program she conducted with University of California Davis law professor Donna Shestowsky, which was the first third-party evaluation of a family law ODR program in the United States.
The program, in Ottawa County, Michigan, was launched by the 20th Circuit of Michigan’s Friend of the Court in August 2020 with the goal of providing parties with post-judgment family law disputes a simpler, more convenient and cost-effective way to reach agreements related to child custody, parenting time and child support. It also aimed to increase efficiency in the disposition of these matters.
Among the topics that came up in the ODR Cyberweek discussion were the varying levels of interest by caseworkers and others in participating in ODR; the likelihood that cultural and demographic differences might impact openness to ODR, as well as ways of dealing with conflict in general; and the potential for and possible hurdles to using ODR to mediate cases where intimate partner violence is a factor.
Shack also offered insight on how to improve communications with parties about ODR as a means to improve understanding of the process and increase participation, based on findings from RSI’s ODR Party Engagement (OPEN) Project.
Lozada, who founded the Colombian ODR startup Redek, noted the challenges of advocating for ODR in Colombia when consistent internet access and use remains out of reach for much of the population. In addition to the access problems this presents, it can also mean that those who do have access remain wary of the legitimacy of online programs, Rule suggested.
NCTDR’s ODR Cyberweek serves an international audience, is open to the public, and includes panels in English, Chinese, Spanish and Portuguese. Additional topics this year included AI integration in courts, mediation and arbitration, recent innovations and research findings. The event also included tech demos and a student panel. Recordings of many of the ODR Cyberweek sessions from this and previous years can be found in the NCTDR’s ODR Cyberweek Archive.
Do you know what it feels like to join a group you have admired from afar and benefitted from for years? I do, and I’m so proud and humbled today to share with you what it means to me and how you can support our continued work too.
Every day, I imagine a world where all people in conflict have access to tools and support that empower them to strengthen relationships rather than further straining or destroying them. This year, I joined the incredible people at Resolution Systems Institute who believe this world is possible — and we think you might believe this too.
Consider this: If you or someone you love faced an overwhelming dispute, what options would you want fully available to help navigate it?
By making your gift today, you are helping RSI strengthen access to justice by enhancing court alternative dispute resolution systems. You are opening the door for more people to have more options for resolving conflict in ways that feel fair and facilitate mutual understanding. Through projects like our ODR Party Engagement (OPEN) Project and our Trust Project, RSI’s research turns ADR user feedback and researcher observations into practical and actionable guidance for those who run ADR programs.
Our guides, models, tools and programs are used by courts across the US to reduce barriers to justice, and we continually expand our projects to increase our impact.
Like most worthwhile endeavors, our success depends on a supportive network — and we need you on our team to keep breaking down barriers to justice.
Your gift to RSI sustains our ability to conduct innovative research, provide high-quality mediation services, and offer the practical tools that courts and others rely on to implement systems-level change.
Thank you for believing in our vision and helping to create a reality of access to justice for everyone by enhancing our court ADR systems. Your contribution makes all the difference!
Please make your donation now at aboutrsi.org/donate, or send your check to RSI at 11 East Adams St., Suite 500, Chicago, Illinois, 60603. RSI is a 501(c)(3) nonprofit organization, and your donation is tax-deductible as provided by law.
RSI recently completed user testing research for the ODR Party Engagement (OPEN) Project! We are excited to share insights from our experience conducting the testing and what we learned from participants about our model court communication materials.
User Test Study
As part of the OPEN Project Phase 2, RSI developed prototype materials — a webpage, a notice document, an informational video and an interactive guide — to help courts communicate more effectively about online dispute resolution (ODR). We worked with an inclusive designer to create materials that exemplify best practices based on designer expertise, OPEN Phase 1 findings and previous research. To ensure these materials were accessible and user-friendly, we planned a series of user tests to obtain feedback from actual users whose backgrounds resemble those of self-represented litigants.
Over the past two months, the RSI research team conducted user tests across the country. We recruited a total of 15 demographically diverse participants from distinct areas: a rural town in New Hampshire; Baltimore, MD; and the Santa Fe-Española area of New Mexico. Participants were instructed to use the materials to complete relevant tasks: read about ODR, watch the informational video, prepare for ODR as a defendant, and sign up for an account. While they tested the materials, RSI researchers observed and took notes on their behavior, listened to their thought process, and asked follow-up questions. We also disseminated post-test surveys and conducted semi-structured interviews about their experience with the materials.
Read more background on the ODR Party Engagement (OPEN) Project, from concept, to focus group feedback, to creation of tools for courts, in RSI’s earlier blog posts.
Real World Feedback
Feedback from the user tests helped us to identify strengths and weaknesses in each of the materials. Users overwhelmingly praised our video for its clarity, engaging visuals, concise discussion about ODR and appropriate length; the video averaged a 4.73/5 rating for how easily it was understood.
The sessions highlighted the importance of accessible visual design. Participants missed some of the information on our webpages because they lacked sufficiently visible indicators for clickable or interactive content. Higher saturated colors, consistent blue hyperlinked text and plus signs are some of the fixes we will implement in new versions of the webpages.
Participants were excited about the prospect of ODR being available to them. The relative ease of their testing experience only amplified this excitement; participants shared frustration with previous instances trying to navigate difficult-to-use court materials. In contrast, they found our materials to be simple to follow and understand.
User testing also provides a beneficial opportunity for users to share their own creative ideas for improving the materials. During the sessions, these ideas encompassed: making the account login interface more accessible, identifying when repetitive information was useful or distracting, and enhancing the perceived trustworthiness of our notice document.
Participants were excited about the prospect of ODR being available to them. The relative ease of their testing experience only amplified this excitement; participants shared frustration with previous instances trying to navigate difficult-to-use court materials. In contrast, they found our materials to be simple to follow and understand, a sentiment shared even among those who were hesitant to use digital technologies generally. Describing the account creation pages, one participant in New Hampshire noted, “Yes, [I would feel confident helping a friend sign up for ODR using this system]. It’s really easy to use. I think my 10-year-old can do this.”
We will next return to our design partners to implement the feedback we received from user testers. RSI is grateful for the participants’ generosity and excitement for the project. We are planning to conduct one more round of user testing once the revised materials are completed to ensure any lingering issues are addressed before making the final models available for courts. RSI is also grateful to the American Arbitration Association-International Centre for Dispute Resolution (AAA-ICDR) Foundation for its funding of the OPEN Project.
In honor of Conflict Resolution Day on October 17 and the American Bar Association’s Mediation Week the third week of October, we are featuring a Q&A with RSI mediator Cathy McCoy. In addition to mediating for RSI, Cathy recently became our first volunteer at the Kane County Courthouse in Geneva, Illinois, supporting parties in the Kane County Eviction Mediation Program. RSI is grateful for Cathy’s contributions to our programs, and for the contributions of all of those who have mediated for our programs and other programs across the country and world!
When and why did you first become interested in being a mediator?
Cathy McCoy
Using mediation-related skills has always been an informal part of my career working as a non-attorney guardian ad litem on behalf of children in Kane and DuPage counties in Illinois. I was involved with the Court Appointed Special Advocate (CASA) program for 20+ years, initially as a volunteer, then on staff as an Advocate Supervisor for the guardian ad litem programs both in Kane and DuPage counties. I retired from CASA in 2022. The role of CASA is to advocate for the best interests of children who have experienced abuse or neglect. CASA volunteers were encouraged to represent the “voice of the child” in court to help ensure that children are safe, have a permanent home and have an opportunity to thrive. Conflict between parties was a factor in every family that I encountered in the court system. Even though a formal mediation process was not always an option, the conflict I encountered in juvenile court proceedings highlighted the need to allow each party to have a say in the outcome of their court case. Discussing family conflicts in child protection matters allowed me to develop listening and communication skills to help parties to remain focused on child safety and well-being.
With the pandemic, courts were closed, so I found I had the time to further my education in two areas that interested me. Since I spent much of my time in court, I enrolled in a paralegal program to become more adept at preparing documents for the court and to gain a better understanding of the legal terminology. I then completed the 40-hour mediation training presented via Zoom by the Center for Conflict Resolution (CCR) in Chicago. A co-worker recommended the CCR mediation training, and I was excited to see that I didn’t need a law degree to participate!
Can you share a little about your history as a mediator with RSI’s programs?
Early on, I started working with the planning team at the inception of the Kane County Child Protection Mediation Program while I was working as a Guardian Ad Litem Supervisor with the CASA program in the juvenile court. I was fortunate to be able to participate in mediations as a representative of CASA, and later, after leaving the CASA program, I was able to step into the role of mediator in child protection disputes. In late May 2021, I started mediating with RSI in eviction court cases in Kane County.
What do you like about being a mediator?
I love interacting with families and have spent countless hours encouraging family members to put aside their differences and remain focused on the needs of the children. I have found that the mediation process provides an opportunity for the parties to express what is really important to them, to know that someone is listening, and to take a more active role in problem-solving. When I worked in the juvenile court, we spent a great deal of time talking with families in the hallway and waiting room outside court, and some of the best plans and discussions came during those hallway meetings. Shifting to mediation via Zoom after the pandemic allowed me to keep the conversations going, and families have been appreciative of the intervention.
Is there a type of mediation that you like best, and if so, why?
I enjoy eviction mediation because there are such varied situations, and the parties usually come to mediation prepared to take action to change their situation.
My other passion in mediation continues to be working with families when there are children involved in the court system. My specialty is working with guardians of children, with a focus on improving communication between parents and guardians about the needs and best interests of the children. It was disappointing when the child protection mediation program in Kane County ended. In order to continue the process, and in conjunction with court partners, I developed a pilot program for mediation in cases involving guardianship of minors in DuPage County, and the program has been steadily growing. If parties agree to participate, the Probate Guardianship Court judge refers pro se family members to mediation in order to resolve various conflicts involving children. This year, our Guardianship Family Engagement Mediation Program was awarded an Achievement Award from the National Association of Counties. The awards honor innovative, effective county government programs that strengthen services for residents and promote equal access to services.
Do you think that learning the tools of mediation has affected other aspects of your life? If so, how?
Mediation has truly changed the way I interact with everyone, even when it comes to communication with friends and family. I hope that family members would say my listening and communication skills have improved over the past few years!
What are some challenges with being a mediator?
Personally, one of the most challenging aspects was to put aside my assumptions and listen to the needs and interests of each participant. And at times difficult situations seem to arise when a participant does not want to be there or doesn’t trust the mediation process.
When did you start volunteering with RSI, and what do you do?What motivated you to start volunteering?
This is the first year that RSI has had a volunteer in court at the first appearance of parties in the Eviction Court. I greet people when they arrive and answer questions about mediation in general. If the judge refers their case to mediation, I speak with the parties afterward, gather contact information and explain the process and next steps.
I offered to volunteer because RSI staff understood the importance of having a person present when parties attend court in person. Parties are often nervous when they arrive; being in court can be intimidating, so greeting them in person seems to help. There is also an RSI staff member on Zoom attending court remotely so that every person present in court, either remotely or in person, has the ability to make a connection with the mediation program.
What inspires you to continue volunteering with the eviction mediation program?
I will be there as long as (RSI Eviction Mediation Program Manager) Chrissy (Wright) needs me! I find that interacting with parties before and after court provides insight into the needs and interests of parties in this type of court case. And, I love working with Chrissy, Brock, Kiasha and the folks at RSI. They have welcomed me as part of the team, and I have learned a great deal from them.
How do you think the Kane County Eviction Mediation Program is important to the community it serves?
I love that eviction mediation can benefit both tenants and landlords, both by shortening the time it takes to resolve their case and by reducing the stress level so that parties can focus on the future and make difficult decisions. Most importantly, mediation can help avoid evictions and provide a bit of stability during challenging times. I often work with pro se parties that express gratitude that RSI mediators help them understand the process and empower them to make decisions, when the expense of an attorney would be a financial burden. In addition, being able to participate in mediation remotely via Zoom has been a huge benefit to all parties. Attending mediation and court in person in Kane County can be difficult without access to transportation, given the layout of the county.
