Resources / Study / Innovation for Court ADR

Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘mediation’

Model Mediation Surveys Are Now Available

Jennifer Shack, April 6th, 2016

I’m so happy to introduce the Model Surveys, a toolkit that enables court-connected mediation programs to obtain reliable data. The toolkit includes post-mediation surveys for parties, attorneys and mediators, as well as a mediator report. The surveys are all annotated, with explanations for the rationale for each question and discussion of the wording. The toolkit is rounded out with advice on how to use and modify the surveys.

The whole idea behind the project is that courts and their associated programs often don’t have the necessary resources to obtain good information about program functioning. In RSI’s experience, the courts’ biggest need was for well-designed participant surveys and set out to develop them in collaboration with the ABA Section of Dispute Resolution and with the help of a fantastic group of nationally-known experts in ADR research and program administration. (more…)

What is Court ADR? Clearing Up Some Misconceptions

Jennifer Shack, October 2nd, 2015

How can you make good decisions if the information you have is limited or wrong? That’s the question that drove me to the fields of research and program evaluation – good policy and effective programs are passions of mine, and there’s no way to have either without accurate, reliable information. It’s also the question that ran through my head as I read the article, “To Mediate in Court or out of Court, that is the Question” in Financier Worldwide. In the article, the author distinguishes between court and private mediation in a way that is not consistent with the wide variety of court and private mediation that exists in the United States. The article provides a good example of the misconceptions I often see in articles about mediation, misconceptions that can lead to poor decisions about the use of mediation.  (more…)

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…)

How to Mediate High-Conflict Cases: Balance and Control

Jennifer Shack, October 3rd, 2014

Like a lot of ADR researchers, I’m always interested to know what really happens in the black box that is the mediation session. So, when someone pries the box open to look inside, my eyes light up.  Researchers have begun using conversation analysis to uncover what happens in mediation that leads to successful outcomes. (Mary Novak wrote about another example of this fascinating research method before in this blog.) The latest contribution to this research comes from Norway, with a study of 154 custody mediations.

The study by Peder Kjøs, Odd Arne Tjersland and Katrina Roen, described in “The Mediation Window: Regulation of Argumentation and Affect in Custody Mediation,” (Journal of Divorce & Remarriage, Vol 55, Issue 7, pp 527-538), focused on the 38 cases that were considered to be high-conflict. In those cases, successful mediators were found to control the course of the conversation and effectively move it between emotional content and factual content. This contrasts with the actions of the mediators in the unsuccessful mediations. Those mediators tended to steer away from emotional issues and focus more on factual ones. (more…)

Verified by ExactMetrics