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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘court programs’

What “Mandatory” Really Means in Foreclosure Mediation

Susan M. Yates, July 13th, 2015

There is a lot to be learned by reading RSI’s evaluation of the foreclosure mediation programs that are supported by a grant from the Office of the Illinois Attorney General. The evaluation, which was conducted and written by RSI’s amazing Director of Research, Jen Shack, is comprehensive, well-reasoned and insightful.

One thing that struck me is how the various programs use the term “mandatory” to describe mediation services. When I think of mandatory participation in mediation, I think of the typical family mediation program for contested child-related issues in which parents must attempt mediation (barring certain disqualifying factors) or the court will not move forward with their case. In foreclosure mediation, some programs call themselves mandatory, but court rules impose no negative consequences if the homeowners do not try mediation. (more…)

In Foreclosure Mediation, Make It Easy to Participate

Jennifer Shack, June 25th, 2015

When it comes to foreclosure mediation, how a program is designed has a large impact on eligible homeowners. That was the broad finding of the evaluation of six foreclosure mediation programs in Illinois I just completed. The evaluation assessed the first year of the programs funded by the Illinois Attorney General, using data from an online case management and program monitoring system that allowed all but one of the programs to collect the same data using uniform definitions for each data point. The six programs are located throughout the state:

  • The 6th Judicial Circuit (Champaign County only), serving a university town and a largely rural county in Central Illinois
  • The 16th Judicial Circuit (Kane County), serving a large suburban Chicago community
  • The 17th Judicial Circuit (Winnebago and Boone counties), serving Rockford, Illinois’ third largest city, in north-central Illinois
  • The 19th Judicial Circuit (Lake County), serving a large suburban Chicago community
  • The 20th Judicial Circuit (St. Clair County only), serving a suburban St. Louis community
  • The 21st Judicial Circuit (Kankakee County only), serving a semi-suburban community south of Chicago

Each of the programs is designed differently, from how homeowners enter the program to what services they receive when they do. Their differences, combined with the collection of the same data for each program, provided insight on the effect of program design on participation, home retention and homeowner experience.  The most interesting findings from these different models include the following:

Higher participation leads to higher impact

In the 21st Circuit, 68% of homeowners participate in the program, and 14% of all homeowners facing foreclosure in the program county were able to save their homes. The other programs have participation rates of 7% to 25% and between 2% and 6% of all eligible homeowners keep their homes. The 21st Circuit’s high rate of home retention for all eligible homeowners facing foreclosure relative to the other programs is due to its very high participation rate and not to proportionately better outcomes for homeowners who participate in the program. If only participating homeowners are considered, the 21st Circuit has the lowest percentage who keep their homes.

High barriers discourage participation

Programs whose required steps for participation are difficult for homeowners have the lowest participation rates. Those with the easiest steps have the highest participation rates.

One-on-one orientation and assistance with entry encourage participation

Programs that orient the homeowners to the program at their first point of contact have higher rates of homeowners who complete the entry process. In the 16th Circuit, almost 90% of homeowners who contact the program coordinator for an initial conference enter the program. In the 17th Circuit, homeowners receive assistance completing their application for the program, leading to a higher rate of participation than in the 20th Circuit, where many homeowners do not have contact with the program until after they complete the steps to enter.

Homeowners who receive services other than mediation are more likely to retain their homes

In the 20th Circuit, those homeowners who received assistance from legal services were more likely to retain their homes than those who did not. While not statistically significant, this was true as well for homeowners who received housing counseling in that program. In addition, in the 17th and 19th Circuits, where all homeowners receive assistance from housing counseling, the level of understanding they gained and their satisfaction with the service were extremely high.

Homeowners benefit from a second opportunity to participate

In the 20th Circuit, more than half of participating homeowners are referred to mediation by the judge at the default judgment hearing.  They also are at least as likely to obtain a loan modification as those who enter the program after receiving their notification of mediation. This means that homeowners who could get a loan modification are selecting themselves out of the mediation programs and should be given another opportunity to participate.

To explore the data further, read the Executive Summary or the full evaluation.

RSI Turns 20!

Susan M. Yates, April 22nd, 2015

Can you believe RSI is twenty years old today? Back in 1995, no one could have predicted that what started as an idea – collect and disseminate reliable information about court ADR in Illinois – would become a nationally-recognized non-profit providing a full array of services in support of quality court ADR.

Indeed, RSI’s life as an independent non-profit is much shorter – not quite two years. We started life as part of Chicago’s Center for Conflict Resolution and spun off in July of 2013. These past two years have seen a dramatic expansion of RSI’s services. In addition to the court dispute system design, program monitoring and evaluation, and online resource center at CourtADR.org that have long been staples of RSI’s work, we are now administering court mediation programs and training mediators.

The motivations that undergirded the founding of RSI continue to steer our work. Chief among those ideas: sharing reliable information about court ADR among court ADR programs can elevate the quality and effectiveness of court ADR services. We are living out that idea with comprehensive monitoring of foreclosure mediation programs administered by RSI and by our program partners. By collecting reliable and accurate data, RSI is able to provide program evaluation that is improving the quality of foreclosure mediation throughout the state.

Want a way to celebrate? Go to RSI’s Razoo site and make a donation! We plan to be around for a lot of double decades to come, so how about some multiple of $20?

Canada’s First Online Tribunal Getting Ready to Launch

Just Court ADR, April 10th, 2015

In 2012, British Columbia passed the Civil Resolution Tribunal Act, which established a new aspect of BC’s justice system that will provide online dispute resolution services for strata (condominium) and small claims cases. The Civil Resolution Tribunal (CRT) will be Canada’s first online tribunal and is expected to launch later this year. The CRT will take disputants through a series of online tools designed to help resolve the dispute as effectively and efficiently as possible. For example, disputants first will be led through resources designed to provide information and diagnose the problem. The next phase involves part-to-party negotiation through the online system. For parties that are unable to negotiate a settlement on their own, the next phase offers case management and facilitated dispute resolution. Parties still unable to come to an agreement may move to adjudication, where they will be able to ask the tribunal to issue a decision. Because the CRT’s dispute resolution services will be available online, users will be able to access them from home or from a mobile device, 24 hours a day. To further facilitate access to justice, the CRT will allow “helpers” to aid disputants who do not read English or need assistance with technology. The language access already provided by the court will be made available, and the CRT will also employee multilingual staff, when possible, and make telephone interpretation available.

Last month, Bill 19, the Civil Resolution Tribunal Amendment Act, was introduced in the legislature. The amended act would require most strata and many small claims cases to be diverted to the CRT, expanding its authority. (more…)

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