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Posts Tagged ‘AAA-ICDR Evictions’

Off the Mainland, Out of the Box: Hawaii’s Innovative Eviction Mediation Program

Eric Slepak Cherney, September 20th, 2022

This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation. The AAA-ICDR’s grant is enabling RSI to expand our outreach to court ADR colleagues working in the fast-evolving eviction field, and we are tremendously grateful to the Foundation for their support.

Earlier this summer, I had the opportunity to learn about a successful and innovative eviction mediation program on the island of Oahu in Hawaii. Mediation Center of the Pacific (MCP) Executive Director Tracey Wiltgen generously shared some of her time with me to explain how the program works.

Photo by Jess Loiterton via Pexels

Prior to the pandemic, MCP conducted landlord-tenant mediations on-site in Oahu’s courtrooms. Not atypical of many in-court eviction mediation programs pre-pandemic, parties and mediators were often limited to 20 minutes to mediate their cases. MCP was able to help parties reach agreement in about half of cases, and in about one-fifth of those agreements, the tenant would be able to stay in their home. All things considered, those statistics were pretty impressive.

But in the wake of Hawaii’s eviction moratorium being lifted in August 2021, MCP’s eviction mediation program accomplished some truly remarkable things. In less than a year, it mediated over 1,300 cases and reached agreement in 87% of those. Underlying those successes was a strong foundation upon which MCP built its program.

Making the Most of the Moratorium

The program was developed with the input of many interested parties taken into consideration. Housing advocates and other nonprofit organizations, landlord representatives, Realtors and property managers, legislators and academics all had seats at the table when designing this program. The program was codified into legislation as Act 57, which set forth the procedure and requirements for participation.

Hawaii’s moratorium was lifted in an unconventional tiered system, whereby landlords were allowed to file their cases on a schedule according to how many months of back rent was owed. While landlords were in this holding pattern, they were required to file a notice with MCP of their intent to file their case in court, so that MCP could reach out to tenants and inform them about the process. If the tenant wanted mediation, the landlord would be required to participate. The ability to engage in mediation before the court case was formally filed gave parties more time to explore options, and it helped reduce strain on the court.

Funding Extends Reach

With funding from Act 57, MCP was able to shift from using volunteer mediators to paid ones. The organization recruited 30 mediators from 15 states to mediate these cases remotely. Treating mediators as independent contractors, MCP required that mediators have proficiency in Zoom and generally high levels of digital literacy. This meant that MCP did not have to dedicate staff resources to providing technical support during mediations, or accommodate time-intensive scheduling requests (scheduling was mostly automated through the YouCanBookMe tool). Instead, their case managers were freed up to focus on reaching out to as many parties as they could.

MCP also astutely used the funding from Act 57 to invest in its own internal processes. This included setting up an online portal enabling the landlords to provide the required notice to MCP. The form the landlords filled out fed directly into MCP’s case management system, saving staff lots of time and effort.

Having shifted away from the on-site mediation model, parties were now free to have longer sessions, typically 90 minutes. This no doubt played a role in increasing the agreement rate, allowing parties the space to work through impasses that could not be ironed out in a rapid-fire, 20-minute session.

The joint efforts among mediation programs, alongside rental assistance and legal aid efforts, are central to many eviction diversion initiatives, and the MCP program was no exception. MCP staff and mediators shared a Microsoft Teams workspace with the local rental assistance partner, which enabled them to get real-time updates on the status of an application during a mediation. Legal aid and other service providers worked closely with the mediation program, and referrals between one another were standard procedure.

Unfortunately, Act 57 was a temporary initiative and was not renewed when it expired in August 2022. MCP nonetheless is continuing to offer mediation on a voluntary, prefiling basis to interested parties. MCP’s model provides excellent guidance to courts looking to develop and improve upon their eviction mediation efforts. While moratoria in most places have been lifted, the need for comprehensive eviction solutions has failed to abate as recession, inflation and the ongoing impacts of COVID-19 continue to exacerbate housing issues.

New Reports Describe Successes, Challenges in Launch of Eviction Mediation Programs in Illinois’ Kankakee, Winnebago Counties

Jennifer Shack, September 19th, 2022

This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation. The AAA-ICDR’s grant is enabling RSI to expand our outreach to court ADR colleagues working in the fast-evolving eviction field, and we are tremendously grateful to the Foundation for their support.

In late 2021, the 17th Circuit and 21st Circuit courts of Illinois launched eviction mediation programs with RSI assistance. RSI now administers the programs remotely. I had the pleasure of interviewing the judges and program administrators involved in the planning and implementation of the programs. The purpose was to help other courts interested in starting eviction mediation programs by better understanding how the programs work and the challenges and successes they experienced during the planning phase and post-launch. The resulting reports for the 17th Circuit and 21st Circuit are now available.

Photo by eskay lim via Unsplash

Both programs started with the same program design and initially relied on the same program coordinator, who administered the programs remotely with the help of an assistant. For both programs, the program coordinator or the program assistant attended court calls remotely so that when the judge referred cases to the program, they could obtain party contact information and other case details that would help them to administer the program. Parties had access to rental assistance, and mediation was held via Zoom by paid mediators. The programs got off to a slow start but have begun to see more referrals.

17th Circuit Program

The 17th Circuit program, serving Winnebago County, launched in September 2021, but started seeing regular referrals in January. The mediation program was conceived as a partner service to rental assistance.[1] Winnebago County had the benefit of two agencies that could process rental assistance applications quickly and that could have representatives present at the court call. Because rental assistance was readily available to most tenants, the judge decided to refer cases to rental assistance first, then authorize mediation for cases in which the assistance was denied. 

Initially, the program coordinator did not have an easy way to follow up with the tenants to see if they had been approved for rental assistance and whether they wanted to mediate. Seeing an opportunity for the program to do more, the court and RSI decided to have the program coordinator help move tenants through the rental assistance application process. She now follows up with tenants to be sure they have applied for rental assistance and helps get them in contact with a rental assistance agency if not. This helps her to identify cases that need mediation and to schedule them for mediation if the tenants agree to participate.

Lessons Learned

Coordination with program partners may improve buy-in

RSI did not have the staff capacity to take on the role of coordinating program partner communications and needs during program development. According to RSI’s associate director, this resulted in more landlord resistance to the program than in another circuit whose eviction mediation program RSI helped develop. In that program, there was ongoing communication among the program partners, and their perspectives were incorporated into the program rules and process. There, attorneys for landlords and tenants, as well as representatives from the rental assistance agencies and court staff, met regularly before program launch to discuss program development and after the program launched to discuss any issues with the program and its processes.

Communication is essential

The program coordinator and the program assistant both indicated that the open communication with both rental assistance agencies is essential to the smooth running of the program and to ensuring that those who need mediation are offered the opportunity. Communication with the judge is also necessary. The judge initially referred cases to mediation based on a narrow set of criteria. The program coordinator and the program manager have been discussing with the judge the benefits of mediation in other circumstances.

Judge support is key

The judge promotes use of the program both by informing the parties of the resources available to them and strongly encouraging parties to attend mediation.

Tenants need help obtaining rental assistance

Not all tenants are capable of navigating the process of obtaining rental assistance, particularly in the short time frame required by the court’s eviction process. The program coordinator has found that she often needs to explain to tenants what they must do to apply and to follow up to be sure they do so in a timely manner. In addition, she often must explain to tenants what the status of their application is, because they do not always understand their situation.

Good program administration is important

The judge indicated that the program coordinator’s follow-up with tenants about their efforts to obtain rental assistance has helped to move parties through the application process. The program coordinator indicated that this case management has allowed her to identify cases suitable for mediation and has led to more cases being mediated.

It’s helpful to meet with landlords before program launch

The judge noted that outreach to landlords helped to assuage landlords’ fears about the program, reducing resistance to it.

The mediation program may need to evolve

The program may not work the way originally planned, or the original plan may not lead to the most effective provision of services. In this case, the judge’s desire to wait to mediate cases until after rental assistance was denied led to a need to reconfigure the program coordinator’s role.

21st Circuit Program

The 21st Circuit program, serving Kankakee County, launched in December 2021 but saw its first referrals in March 2022. In the 21st Circuit, the reasons for the slow start were complicated. The judge, who was assigned to hear evictions after the program planning phase, was supportive of mediation but had a narrow view of which cases were appropriate. Further, there was no funding for the program during the planning phase, so RSI did not have the staff to engage with stakeholders to get their input and their buy-in. This may have played a role in resistance to mediation among the plaintiff’s bar.

The mediation program was conceived as a partner service to rental assistance,[2] with parties having access to both at the same time. The judge was given the authority by local court rule to order cases to mediation, which she uses when she believes referral to mediation is warranted. Though the court and its partners did not integrate rental assistance with mediation, in practice, the judge refers cases to mediation when she determines the tenants do not know about the resources available to them. The program coordinator has thus taken on the role of helping self-represented tenants, who make up the vast majority of defendants, navigate the rental assistance process. The rental assistance agency has been less involved in the program than the agencies in the 17th Circuit, and has determined that it cannot inform the program coordinator of the status of rental assistance applications due to privacy concerns. This has made it more difficult to help tenants, and mediations often take place without knowledge of whether the tenants have been approved for rental assistance. 

Lessons Learned

Many of the lessons learned were similar to those for the 17th Circuit, but for different reasons.

Coordination with program partners may improve buy-in

Because of a lack of funding during program planning, RSI was understaffed and could not take on the role of coordinating program partner communications and needs. According to the associate director, this resulted in more landlord resistance to the program than in another judicial circuit, in which there was ongoing communication among the program partners and the incorporation of program partner perspectives into the program rules and process.

It helps to remain flexible

The mediation program went through some growing pains, and both the court and the program coordinator needed to figure out how to best work together and to best manage cases. This effort is ongoing but appears to be bearing fruit.

Communication is essential

Lack of communication with the court led to a slow rollout of the program. This has changed as communication has improved. Lack of communication with the rental assistance agency has made it more difficult to assist tenants and to reach agreements in mediation.

Judge support is key

Although the eviction judge came onto the bench after the program had been planned, and therefore needed some time to acclimate to the mediation program, she believes there is a place for mediation in eviction cases. This has led to a greater number of referrals as time has passed.

Good program administration is important

The judge relies on the program coordinator to help tenants navigate resources and to gain access to rental assistance. This has broadened the scope of the position and has required greater case management skills. 


[1] State and federal funds have been made available that provide eligible tenants up to $25,000 to pay past and future rent. The county disburses the funds, which are sent directly to the landlord.

[2] State and federal funds have been made available that provide eligible tenants up to $25,000 to pay past and future rent. The county disburses the funds, which are sent directly to the landlord.

Eviction Mediation Program Spotlight: Philadelphia

Eric Slepak Cherney, January 31st, 2022

This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation. The AAA-ICDR’s grant is enabling RSI to expand our outreach to court ADR colleagues working in the fast-evolving eviction field, and we are tremendously grateful to the Foundation for their support.

Launched in August 2020, the Philadelphia Eviction Diversion Program stands out as an exemplary effort in this field.

In a city known for its famous underdog, Philadelphia’s eviction diversion program is trying to give folks a fighting chance. Image Credit: Todd van Hoosear via Flickr.


About the Program

City council legislation requires landlords to inform tenants of their rights and request mediation prior to filing an eviction claim in the Municipal Court of Philadelphia. Additionally, prior to the city’s rental assistance program running out of funds, landlords were also required to apply to that program in an effort to mitigate their claims.

Mediations are administered by a community mediation partner, CORA Good Shepherd Mediation. The mediator roster consists of volunteer neutrals, including a number of mediators from JAMS.

Data from January 2021 indicated that the parties were able to reach an agreement that kept the tenant in the unit in about 70% of mediations. An additional 22% were able to agree on a different outcome, such as moving out, that avoided the tenant receiving an eviction on their record.

Last month, the city council passed legislation to extend the operation of the program through 2022. Additionally, the legislation provided for updating the required notice of diversion rights which tenants must receive, which now will include an updated ledger so the tenant knows the exact amount the landlord is seeking and how that total is derived. The program is also utilizing a web portal to expedite the disputes and give parties another mechanism to interact directly.

Things We Really Like About This Model

  • Rental assistance is the real lynchpin that makes eviction diversion possible. However, many jurisdictions we have heard from have faced challenges in making sure that parties know how to access that fund. By integrating it directly into the eviction dispute resolution process, the Philadelphia program greatly reduced the chance of parties missing that opportunity.
  • The ability/infrastructure to capture parties pre-filing lessens strain on the court system. Additionally, unless the jurisdiction has mechanisms to seal eviction filings in place, the filing itself could be tremendously detrimental to the tenant’s future housing prospects.
  • Requiring ledgers can bring much needed clarity to a dispute. Determining the exact amount owed and how that figure is calculated is a frequent focus in mediation, and making that document a necessity can provide parties a helpful reference to inform the conversation.
  • The new web portal is another nice engagement point that hopefully diverts further cases from eviction. Every dispute is unique, and not all of them will need full-blown mediation to help serve the parties. Giving parties some self-help tools to communicate, exchange information, and negotiate may be sufficient for some disputes.

Sources:

https://www.phila.gov/2020-08-31-philadelphia-launches-eviction-diversion-program/

https://evictioninnovation.org/2020/10/16/philadelphias-eviction-diversion-through-mediation-program/

https://www.axios.com/local/philadelphia/2022/01/11/philadelphia-eviction-diversion-program-changes

https://www.jamsadr.com/news/2021/hon-annette-m-rizzo-ret-and-the-philadelphia-eviction-diversion-program-featured-in-urban-institutes-report

https://www.urban.org/research/publication/eviction-prevention-and-diversion-programs-early-lessons-pandemic

New Eviction Mediation Special Topic Offers Courts Guidance in Midst of Housing Crisis

Just Court ADR, June 25th, 2021

This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration Association-International Centre of Dispute Resolution Foundation. The AAA-ICDR’s grant is enabling RSI to expand our outreach to other court ADR colleagues working in the fast-evolving eviction field, and we are tremendously grateful to the Foundation for their support.

Those of you familiar with Resolution Systems Institute will know that over the past year, we have been heavily focused on the rise in eviction cases in the aftermath of COVID-19. This evolving eviction crisis has begun to, and will continue to, test the capacity of our court systems in a way likely not seen since the foreclosure wave of the last decade.  RSI’s mission is to strengthen access to justice through court ADR, and with many courts looking at diversion efforts to address a surge in eviction cases, we see both significant opportunities and challenges ahead to ensure that participants receive due process.

We are thus very proud to share with you our new Eviction Mediation Special Topic. In the past, we have shared with you our Special Topics collections on subjects such as Child Protection Mediation, Community Mediation and Online Dispute Resolution, to name a few. These resources provide background on how court ADR programs address these cases, share insight into how to evaluate such programs and share relevant resources such as articles, evaluations and sample materials.

The Eviction Mediation Special Topic contains all of this information, with a slight twist. Due to the topical nature of this subject, we have prepared this resource in the context of the current crisis. Background information and certain resources are therefore presented with current events in mind, and we also have a section about key considerations we have learned thus far into the eviction crisis. Additionally, we have done our best to collect information on active court ADR eviction programs, captured in our Eviction ADR Across the Country database. We plan to update the Special Topic regularly as developments unfold, and new collective knowledge becomes available to the field.

We are sincerely grateful to the American Arbitration Association-International Centre for Dispute Resolution Foundation, whose generous funding has enabled us to create and share this resource.

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