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Just Court ADR

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Posts Tagged ‘mediation’

Michigan Mental Health Mediation Program Offers Alternative to Court Intervention

Sandy Wiegand, August 11th, 2022

A new statewide mediation program in Michigan – likely the first of its kind in the United States – offers free mediation as an alternative to court intervention in mental health cases involving individuals who qualify for community mental health services. Michigan Behavioral Health Mediation Services realizes part of the longtime vision of State Court Administrator Emeritus Milton Mack, Jr., who recently spoke with RSI about the program.

Judge Milton Mack, Jr., recently was awarded the 2022 Judge Stephen Goss Lifetime Achievement Award from the Judges and Psychiatrists Leadership Initiative of the Council of State Governments, recognizing his leadership in guiding state courts as they address mental illness in the justice system.

“Typically a family member feels someone needs help, and the person is refusing help,” Judge Mack, who also chairs the Michigan Governor’s Mental Health Diversion Council, explained. “So they go to the courthouse and ask the court to schedule a hearing on ordering this person to get help. What this process does is it says, OK, before we get to the point of the judge ordering you to receive treatment, we’re going to send you into mediation and see if you can work this out without a court order.”

Oakland Mediation Center (OMC), in Bloomfield Hills, Michigan, developed the mental health mediation program in partnership with the Michigan Community Mediation Association. It kicked off in September 2021 and is funded by a grant from the Michigan Department of Health and Human Services. OMC connects participants with their local community dispute resolution center for mediation. In addition to the subject of the mediation, the petitioner and the (volunteer) mediator, participants may include the subject’s attorney and community mental health providers. Mediators for the program complete advanced behavioral health-specific mediation training, as well as Michigan’s usual state-required mediation training.

Legislation Facilitated Changes

Changes to Michigan law in 2018 helped make mediation an option, said Judge Mack, who first advocated for mental health mediation in 2004, as a member of the Governor’s Mental Health Commission. Under the prior statute, a judge couldn’t order a person to outpatient treatment until they had been involuntarily hospitalized twice or incarcerated twice, by which point their illness had progressed significantly. Additionally, a trial had to be scheduled within seven days of a petition being filed, which left little time to schedule mediation. Under the new law, a family member can petition the court to order an individual to undergo outpatient treatment, and a hearing must be scheduled within 28 days – a much more realistic timeline for scheduling mediation. Furthermore, Judge Mack said, this earlier intervention makes it more likely that people get treatment in community, and do so while able to function at a higher level than if treatment waited.

“Getting in early is your greatest opportunity,” said Judge Mack. “When you’re in a psychotic state, you’re steadily going downhill … The longer you wait, the harder it is to get back to baseline.”

So far, the program has mediated five mental health cases, with three reaching resolution and a fourth reaching partial resolution. Petitioners cannot request mediation; only the subject of the mediation or their attorney may do so.

New Ground for Courts

Buy-in has been a challenge, Judge Mack said, because the concept of mental health mediation is very unfamiliar territory for courts. As one way to overcome this, he will be leading trainings for attorneys on the program in mid-August, starting in Wayne County, Michigan, where he was previously a probate judge. A longtime proponent of mediation for cases of all types, he said attorneys will be instructed to request mediation in eligible mental health cases as a rule, noting: “When I instruct the lawyers next week, I am going to explain to them: One of your duties is, when you get this assignment, you immediately consider requesting mediation; that is the expectation of the court.”

While acknowledging that for other states to replicate this program they might need to enact legislation, Judge Mack’s advice to courts in the meantime is that they look for situations where the timeframe is not an impediment to mediation. Additionally, he suggested, “I would say watch us here in Michigan prove the concept. Our process of having a system of early intervention and keeping people out of the hospital I think has got promise.”

New Mediator Self-Reflection Tool

Susan M. Yates, January 9th, 2019

The Supreme Court of Virginia has developed a wonderful new self-reflection form for mediators. While the Court developed this tool for their certified mediators as part of their re-certification process, it is a valuable tool for any mediator (just ignore the instructions about continuing mediator education credits). There is a lot of content, so if you are using this on your own you will probably want to pick and choose among the questions. This new tool coordinates with Virginia’s excellent Mediator Self-Reflection Treasury.

Even though mediators work very closely with people when we mediate, typically no one else in the room shares our mediator perspective. There are exceptions, such as co-mediation or when we are observed by new mediators, but mediation can be an isolated activity (made especially so by the limits of confidentiality). This isolation makes self-reflection particularly important.

I can imagine many uses for these tools beyond self-reflection. A group of mediators could pick a few of the questions to discuss over lunch. For co-mediators, the tools could aid their debriefing. The forms might help a new court or community mediation program get clear about what they expect from mediators. The tools will probably spark other ideas when you read them.

Many thanks to the good people of the Supreme Court of Virginia for taking the time to produce and share these tools. They are a real gift to the mediation community.

Findings from an Evaluation of Eight Foreclosure Mediation Programs

Jennifer Shack, December 5th, 2018

As I mentioned last month, I recently completed a comprehensive evaluation of eight foreclosure mediation programs in Illinois. One great benefit of evaluating eight programs with different approaches to resolving the same cases is that it allowed me to uncover program design factors and other variables that promote program success. The three big takeaways from the evaluation are that proper program design is essential, provision of services has an impact on homeowner outcomes, and data is crucial to program improvement. The evaluation was a final look at the eight programs that were funded by the Illinois Attorney General, encompassing up to four years for each program. Seven of the eight programs used relatively uniform data that was collected on the same online case management system. Further, I worked with each program to define the variables used so that we had a clear understanding of the meaning of each variable. This allowed me to develop uniform measures for the programs that enabled comparisons of program performance across them.

First, some basic findings. The eight programs helped 4,766 homeowners, representing 23% of all foreclosure filings in their jurisdictions. They saved 1,100 homes. Once homeowners entered the programs, 21% to 40% saved their homes, depending on the program. More than 90% of homeowners who completed surveys said that they gained a better understanding of their options and how to work with their lenders. Almost all homeowners felt that they were treated fairly and with respect. Most felt that they were able to talk about the issues and concerns that were most important to them and almost all felt the mediator understood what was important to them. Most were satisfied with their experience.

Now to the takeaways. Program design played a significant role in how many homeowners a program was able to help and how many homeowners participated in the program. The two variables are different because most programs helped homeowners to understand their options and the foreclosure process, even if they could not or decided not to participate. Those programs that told homeowners that they must appear for their initial session and provided a date and time for that had significantly higher proportions of homeowners appear and participate than programs that had them contact the program in other ways. And those programs that told homeowners they had to call the program coordinator, provided a deadline to do so and sent additional reminders had significantly higher proportions of homeowners contact the program and participate than those programs that informed the homeowners of the program and told them how to start the process to participate.

Participation rate is very important, not just because higher participation means that more homeowners are helped. The greater the proportion of homeowners facing foreclosure who participate in the program, the greater the proportion of homeowners who save their homes.

Other aspects matter as well. Having the homeowners meet with a representative for their lender from the outset appears to improve program completion rates and possibly improves the probability that participating homeowners save their homes. Within individual programs, those homeowners who worked with a housing counselor are more likely to complete the program. Those who worked with attorneys were much more likely to complete the program. Interestingly, they weren’t more likely to save their homes.

It was very gratifying to see that those programs that made changes based on the data they were collecting and the recommendations from my first evaluation were improved by those changes. For example, the 19th Circuit and 20th Circuit programs made changes to the manner in which homeowners contacted and entered the program, significantly improving participation. The 16thand 19th Circuits worked with mediators to improve their skills, leading to fewer mediator issues and more participants leaving mediation with a good experience.

For a quick take on the evaluation, see the Executive Summary.
To access a digital summary of the evaluation, click here.
For the Full Evaluation, download PDF .

Saving Homes, Building Understanding

Just Court ADR, November 29th, 2018

Resolution Systems Institute is proud to share its latest publication, Saving Homes, Building Understanding: An Evaluation of the Eight Foreclosure Mediation Programs Funded by the Illinois Attorney General. This new evaluation looks at four-plus years of data across eight different programs to provide a comprehensive analysis of foreclosure mediation in Illinois, and to highlight how differences in program models impacted outcomes. (more…)

End of One Era, Beginning of Another

Susan M. Yates, August 31st, 2018

August 31, 2018, will mark the end of an era at RSI. Our five-year foreclosure mediation grant from the Office of the Illinois Attorney General will come to an end.

This grant, which we received 15 years into our operation, was our opportunity to prove that when given sufficient resources, RSI could deliver the kind of quality court mediation program that we had been recommending to others all those years. I used terms like “practice what we preach,” “proof is in the pudding” and even, “put up or shut up!”

At that time, we promised to:

  • Work with courts and other stakeholders to design and operate three foreclosure mediation programs in three judicial circuits in northern Illinois
  • Develop and conduct training for mediators in our programs and those operated by our partner organizations farther downstate
  • Develop an online system to collect data about the programs enabling us to produce regular statistical reports and two comprehensive evaluations

I am happy to report that we delivered!

In the process, we confirmed some maxims about how to do quality court ADR and added a few corollaries.

  1. Study first

Before we start working with a court on their ADR program, we update our knowledge of the particular area in which we will be working. In this situation we researched what was happening across the country with foreclosure and how courts were using alternative approaches.

Corollary: Sometimes you have to build the plane while flying it. In the midst of a national foreclosure crisis, courts across the country were scrambling to keep up. While it was helpful to see what others were doing, we needed to figure out how to do foreclosure mediation in a way that worked in Illinois courts with their particular needs and resources.

  1. Work with stakeholders

We know that it is critical to bring together all the stakeholders while developing a court ADR system so that their various needs can be considered. In foreclosure mediation, the usual stakeholders – judges, court administrators, mediators and lawyers for both lenders and borrowers – were joined by a new addition: housing counselors, who were critical to the success of many of the programs.

Corollary: As important as it is to have all the voices heard, in the end, judges often have to make decisions about exactly how court ADR programs will work, and these decisions may not satisfy everyone. Fortunately, RSI doesn’t “have a dog in the fight,” so we can offer unbiased, expert advice about pros and cons of various approaches.

  1. Value the people who do the work

Never underestimate the importance of visible, capable staff. These programs are being continued because of dedicated program coordinators, who kept the cases moving and kept the courts informed of program progress, and because of skilled mediators who worked with intelligence and compassion in the midst of foreclosure – which is a crisis for each homeowner, even once the nation’s crisis has abated.

Corollary: These programs are not easy to administer. Juggling spinning plates is an apt metaphor for the challenge of administering programs with sometimes complex court rules that apply to everyone from sophisticated lawyers to overwhelmed homeowners.

  1. Collect and use reliable data

Turning data into meaningful information means different things to different stakeholders at different times. In the foreclosure mediation programs, we produced everything from monthly statistical reports for judges about numbers of cases in their programs and how they were being resolved to a mega-evaluation of all the programs that compared strengths of the various approaches and made recommendations about how each might improve.

Corollary: In a situation like this one in which every program was different, finding ways to make “apples to apples” comparisons was critical. Doing that successfully allowed RSI to make recommendations for improvement from a place of knowledge, not opinion.

Success and a New Era

September 1st will mark the beginning of a new era, as all three of our foreclosure mediation programs continue to operate thanks to the support of their local courts! We take this as the surest sign of success, that the courts value these programs enough to find a way to continue them when outside funding ends. We are grateful to the Attorney General for supporting these programs, to courts for their partnership and to the skilled mediators for conducting the mediations. We are pleased to continue to provide services to homeowners and their lenders when foreclosure looms.

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