Publications

Articles

Family Court ADR: Decades of Cultivating Innovation

Susan M. Yates and Peter Salem. Dispute Resolution Magazine, 2013
This article traces the development of family court ADR from its earliest roots in the 1930s to the present. The article describes social changes that influenced family ADR, including the appearance of no-fault divorce, and the changes they spawned, like shared responsibilities for both parents. The authors include a list of specific family court ADR innovations, such as child inclusive mediation, and conclude with an assessment of the present state of family court ADR, making future recommendations for the field.
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Best Practices in Foreclosure Mediation

Heather Scheiwe Kulp. 2012
This report highlights wisdom collected from existing programs, failed attempts to create programs, and mediation's long history of success in resolving court-based and other types of disputes. The author reviews best practices for every step of the foreclosure mediation process, including initial program design and procedures to be followed before and during mediation.
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Reimagining ADR in the Midst of Crisis: Neutrals Responding to the Foreclosure Dilemma

Susan M. Yates and Heather Scheiwe Kulp. ACResolution, 2012
The development of foreclosure dispute resolution programs presents a challenge to the ADR community. Foreclosure requires a different process than other types of mediation programs and legislatures unfamiliar with ADR have drafted statutes that describe a process very different from traditional ADR processes. The article argues that this should be seen as an opportunity for the ADR community. Instead of frustration and rejection of the foreclosure mediation process, mediators should be involved in the legislative process to assist legislators in determining the appropriate ADR processes to address the crisis.
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An Overview of the Revised Model Standards of Conduct for Mediators

Susan M. Yates and Wayne R. Thorpe. Dispute Resolution Magazine, Winter, 2006
This article discusses the Model Standards of Conduct for Mediators as revised in 2005. The article explains how the original standards were developed and the process in which they were revised. The piece then provides a summary of 2005 Model Standards including the preamble, note on construction and each of the nine standards. The article points out and explains each of the major revisions as well as any major points of contention. The full text of the Revised Model Standards is provided.

Judicial Settlement Databases: Development and Uses

Hon. Morton Denlow and Jennifer Shack. The Judges' Journal, 2004
This article describes the process by which a settlement conference report is created and the ways in which the judges in the Northern District of Illinois use it and explains how other courts can initiate similar programs.
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Mediation Can Bring Gains, But Under What Conditions?

Jennifer Shack. Dispute Resolution Magazine, 2003
This article summarizes the findings of 62 studies of court-related mediation regarding cost, pace of litigation and satisfaction. It then discusses ways in which courts can improve the monitoring and evaluation of their mediation programs so that they can better determine whether the programs are achieving the goals set for them, as well as what characteristics lead to the most effective programs.
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Mediating Lanham Act Cases: The Role of Empirical Evaluation

Jennifer Shack and Susan M. Yates. Northern Illinois University Law Review, 2002
This article summarizes the findings of an evaluation of the Lanham Act Mediation Program in the U.S. District Court for the Northern District of Illinois. It then places this evaluation in the context of study design and the importance of evaluation in ensuring a high quality of justice for participants in court mediation programs.
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