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Just Court ADR

The blog of Resolution Systems Institute

RSI Staff Attend 2019 International ODR Forum

Just Court ADR, November 22nd, 2019

This month, Executive Director Susan Yates and Director of Research Jennifer Shack attended the 2019 International Online Dispute Resolution Forum in Williamsburg, VA. While at the conference, Jen gave a presentation on what factors should be examined when evaluating litigants’ experience of online dispute resolution (ODR). She focused her presentation on the factors that are essential to understanding their experience of access to justice.

Curious about how RSI can help evaluate your court program? Contact us to learn more.

Susan Yates Appointed to Illinois Supreme Court Implementation Task Force

Just Court ADR, November 22nd, 2019

Executive Director Susan Yates has been appointed to the Illinois Supreme Court Task Force on Court Access and Dispute Resolution. This task force is one of fifteen task forces that the Illinois Judicial Branch will use during the first year of a three-year plan to improve the Judicial Branch. Each task force will focus on a specific initiative and the Court Access and Dispute Resolution Task Force, in particular, will focus its work on innovative court access and dispute resolution methods. The Court Access and Dispute Resolution Task Force will be chaired by Carla Bender, Vice-Chaired by Timothy Eaton and other members include Justice Mary Jane Theis, Hon. Grace Dickler, Rena Parker, Hon. Mike Fiello, Hon. Patrice Ball-Reed, Cassie Lively, and Katie Murphy.

My Favorite Resource Featuring Alyson Carrel

Nicole Wilmet, October 30th, 2019

Our series My Favorite Resource, features interviews with ADR friends across the country to learn about their favorite resources. This month, I spoke with Alyson Carrel, RSI Board Member and Clinical Associate Professor and Assistant Director of Northwestern Pritzker School of Law’s Center on Negotiation and Mediation, to learn about her favorite ADR resource.

NW: What is one of your favorite ADR resources?

AC: One of my favorite ADR resources is the Dispute Resolution Resources for Legal Educators section of the University of Missouri Law School’s Center for the Study of Dispute Resolution website.

NW: Why do you value this particular resource?

AC:  This resource is a one-stop-shop with almost everything a person might need when they take on the daunting task of teaching or teaching a new class for the first time. While some textbooks include a teacher’s manual with a sample syllabus and a set of exercises, not all textbooks do. And even those that do present a single perspective on how best to teach a subject. But this website provides sample syllabi from multiple legal educators across the country (and the world) for multiple courses (including unique iterations of those courses). For instance, there are at least 30 mediation syllabi posted on the website, and another 30 syllabi for more unusual or specialized courses such as “Mediation and Collaborative Lawyering: Consensual Dispute Resolution” or “Introduction to Dispute Resolution in Healthcare.”

NW: How did you first learn about this resource?

AC: This resource is regularly referenced on its corresponding listserv, Dispute Resolution for Legal Educators listserv (DRLE), yet another fantastic resource available through Missouri’s website. The listserv is a place for individuals teaching a Dispute Resolution course in the legal education context to ask questions, provide answers, and share new information and tidbits. (Those interested in applying to the listserv can email listserv@po.missouri.edu and in the body of the email write: subscribe DRLE.)

NW: For those unfamiliar with this resource, what is one part of this resource you wouldn’t want someone to miss?

AC: I would absolutely make sure to check out the Teaching Materials section of the website. I previously described the extensive set of simulations and exercises posted on the site, but you will also find links to other teaching resources compiled by the ABA, Suffolk University and more. Instead of having to remember all the different resources out there, Missouri has gathered them all in one place: Dwight Golann’s “class in a box” provides a folder with simulations, teaching notes and corresponding videos; the ABA has a list of exercises for “lawyer as problem-solver”; and Mitchell-Hamline’s video re-enactments of legal cases involving mediation ethics.

I often receive emails from individuals teaching for the first time, asking me for advice and guidance. The first thing I do is send them to this site. It is simply the best and most comprehensive site for ADR teaching resources.

RSI Publishes Report on Improving Pre-Mediation Screening for Intimate Partner Violence through Proposed Online Tool

Just Court ADR, October 29th, 2019

Over the past year, RSI has been working on a project researching and exploring whether and how an online tool could improve the frequency and competency with which mediators screen for intimate partner violence (IPV) prior to mediation. Under a planning grant from the Family and Interpersonal Resilience and Safety Transformation (FIRST) Fund, RSI has been able to study the current landscape of screening tools, survey experts in IPV dynamics (as well as lawyers, judges and mediators) about the divergence between best and actual practices, and convene those experts to explore how to close that gap. As a result of that work, we have  published this extensive report, which outlines the features of RSI’s proposed solution and the steps needed to actualize it.

Among the many findings in the report, we note that it is critical to develop a tool geared towards new mediators and those who mediate on an infrequent schedule. These are the mediators who our research found would be most receptive to an online screening tool. Also, because adequate screening is essential to ensuring parties will be safe and able to exercise self-determination throughout the mediation process, the use of such a tool by new and intermittent mediators would greatly improve the mediation services their parties receive. Accordingly, we advocate for developing a tool that has low barriers to use (e.g. does not required significant specialized training) and is provided free of cost to mediators to encourage its wide adoption.

We recognize that there a number of existing protocols, such as SAFeR and MASIC (both of whose creators provided valuable input to our research), which serve as high-quality screening tools. However, no existing solution we found provided mediators a free, easy-to-use, guided process to screen parties for IPV. The reality, confirmed by our survey of the field, is that screening does not happen at the level and with the expertise that  the seriousness of IPV demands. One of the next steps will be to determine if there are funders who are enthusiastic about developing this tool.

Thank you to the FIRST Fund and all the expert voices who assisted RSI in the development of this report.

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