RSI's Director of Research Jennifer Shack is one of the foremost court ADR researchers in the field. The following are program evaluations she and the RSI research team have conducted for court mediation programs that handle cases ranging from foreclosure to trademark and small claims to child protection. Focus areas below include: Child Protection, Civil, Eviction, Family, Foreclosure, Online Dispute Resolution and Trademark.
Most Recent:
Online Dispute Resolution
Online Dispute Resolution for Post-Judgment Family Law Cases: A Report to the Ottawa County, Michigan, Friend of the Court
Jennifer Shack, Resolution Systems Institute, and Donna Shestowsky, University of California, Davis, 2022
This study of an online dispute resolution (ODR) program in Ottawa County, Michigan, represents the first neutral evaluation of any family law court ODR system in the United States.
The 20th Circuit Court Friend of the Court (FOC) launched its ODR program in August 2020. It sought to provide parties in post-judgment family law cases a simpler, more convenient and cost-effective way to reach agreements related to child custody, parenting time and child support. It also aimed to increase efficiency in the disposition of these matters. The FOC used a platform that allows participants to communicate with each other and their caseworker through asynchronous text and document exchanges.
The study was conducted from November 2020-August 2021. Key findings include the following:
- Parties who used the online platform for custody, parenting time or child support matters were four times as likely to reach agreement as those who were offered ODR but didn’t use it.
- In cases involving child support, parties using the online platform reached resolution nearly twice as fast as those who did not.
- ODR users were four times as likely to give high ratings for fairness of the process and almost twice as likely to give high ratings for satisfaction.
- The participation rate was high compared with those of other ODR programs, with both parties choosing to use it in 48% of matters in which ODR was offered.
Online Dispute Resolution for Debt and Small Claims Cases: A Report on a Pilot Program in a Justice of the Peace Court in Collin County, Texas
Jennifer Shack, Resolution Systems Institute, and Donna Shestowsky, University of California, Davis, 2022
This evaluation examines an opt-in pilot online dispute resolution (ODR) program for debt and small claims cases. The pilot used a platform that allowed parties to communicate with each other by text. If the parties were unable to reach an agreement one-on-one, they could pay $40 for a mediator to assist them via text on the platform. Parties were ostensibly required to use the platform before their first hearing. If parties reached agreement, their case was dismissed without need for a trial.
The pilot ran from September 2019 through August 2020. Data from the ODR platform showed that although ODR was required, both parties to a case used the platform in only 81 of 341 cases (24%) referred to ODR. Surveys of ten parties who attended their court hearing found that only one party knew about the program, while other respondents indicated they were interested in using text-based ODR in the future. This suggests that lack of awareness was one reason ODR was not used more frequently.
The evaluators recommended the court do more to raise awareness about the ODR platform and educate parties about how to use it, by:
- Sending a notice regarding the ODR requirement directly to plaintiffs and their attorneys right after a case is filed. The notice should provide information about what ODR entails and how to learn more about it.
- Including a notice with each summons that clearly instructs defendants to use ODR and informs them about what ODR entails and how to learn more about it
- Adding information about ODR on the court’s website, including how-to videos
- Placing information explaining ODR, and instructions on how to use it, on the ODR platform
Eviction
Eviction Diversion in New Hampshire: An Evaluation of Program Use, Outcomes and Tme to Closure
Jennifer Shack and Jasmine Henry. Resolution Systems Institute, 2023
This evaluation examines New Hampshire’s statewide Eviction Diversion Program, a voluntary program run by the New Hampshire Supreme Court that provides landlords and residential tenants the opportunity to mediate before going to court. It studies contacts, services offered, case outcomes and time in program for cases initiated between October 1, 2022, and August 31, 2023.
At the beginning of the evaluation period, federally funded rental assistance was available to tenants and landlords. This funding was depleted at the end of 2022, with no applications accepted after October 21, and application processing ending on December 29.
Our findings indicate the program is successful at engaging parties, with 800 contacts in 11 months. The program’s 23% mediation rate is similar to that of other programs, as is its 69% agreement rate, despite the loss of rental assistance. The percentage of mediations ending in agreement did not appreciably change after rental assistance ended. However, the content of the agreements changed, with a smaller percentage allowing the tenant to stay. The program is efficient as well, with almost two-thirds of cases with mediations scheduled closing within two weeks.
See our infographic for a summary of program performance for the New Hampshire Eviction Diversion Program.
Summary of Survey Responses: 16th Judicial Circuit of Illinois Eviction Mediation Program March to June 2023
Jasmine Henry. Resolution Systems Institute, 2023
This report summarizes survey responses from parties and attorneys who participated in a video mediation program for Kane County, Illinois, eviction cases from March 1—June 30, 2023. Resolution Systems Institute administers this program, which mediated 264 cases during the above period. Follow-up surveys were completed by 62 people.
Survey responses indicate that participants continue to have a generally positive experience in mediation. Most of the participants who responded felt that the mediation was fair overall, with 73% saying it was highly fair. Interestingly, tenants tended to rate the mediator more fairly than they rated the overall process. For example, only 60% of tenants found the overall process fair, while 78% of tenants felt the mediator treated their side fairly. There was a similar, albeit smaller, shift observed in attorneys' ratings, with 85% rating the mediation process as fair, compared with 89% who felt the mediator treated them fairly. We did not observe a similar trend in landlords’ responses.
Tenant comments may shed some light on why some rated the fairness of the mediation process lower than they rated how fairly the mediator treated them. Tenants that rated overall fairness highly focused on the clarity mediators provided them, describing mediators as “helpful” and going “above and beyond in making sure that I understood [and] felt comfortable.” In contrast, tenants that gave medium and low ratings on overall fairness tended to focus their frustrated comments on landlords, rather than the mediator or the program; for example, some tenants who gave medium ratings on overall fairness still referred to the mediator as “gracious” and “fantastic” in their additional comments.
Addressing Eviction Holistically: An Evaluation of an Eviction Mediation Program in Kane County, Illinois
Jennifer Shack. Resolution Systems Institute, 2022
In May 2021, the 16th Judicial Circuit in Kane County, Illinois, launched its eviction mediation program, with RSI as the program administrator. The program involved referrals to financial counseling and legal services as well as mediation, with mediations conducted via Zoom. This evaluation examines the program’s performance during its first year, including program use, services provided, mediation outcomes and participant experience.
Main findings include:
- 42% of eligible tenants were referred to the program and made contact with the program coordinator
- 28% of eligible cases were mediated
- 74% of mediations resulted in an agreement that avoided eviction, which translated to eviction being avoided through mediation in 20% of all cases filed
- Almost two-thirds of tenants who accessed the program were referred to housing counseling, rental assistance and legal assistance
- 61% of landlords and tenants were highly likely to recommend mediation to a friend
- 71% of attorneys who responded to the survey were highly likely to recommend mediation to a colleague
- 19% of parties who responded to the survey wrote comments indicating they believed the mediator was biased or not active enough in helping them resolve their dispute
Eviction Mediation Design and Implementation in Illinois’ 17th Judicial Circuit: Challenges and Successes
Jennifer Shack. Resolution Systems Institute, 2022
Interviews with key court and program personnel inform this report on the challenges and successes involved in planning and implementing a remotely administered video mediation program for eviction cases in Winnebago County, Illinois. Judicial support, shifting administrative roles and ongoing communication have been required to meet the challenges of implementing a program in which the program’s design and the way it functioned once launched differed. This implementation report, generously funded by the American Arbitration Association-International Centre for Dispute Resolution Foundation, is offered as guidance to court administrators developing their own eviction diversion programs, with lessons that can be applied in other contexts, as well.
Eviction Mediation Design and Implementation in Illinois’ 21st Judicial Circuit: Challenges and Keys to Success
Jennifer Shack. Resolution Systems Institute, 2022
This report relies on interviews with key personnel involved in planning and implementing a remotely administered video mediation program for eviction cases in Kankakee County, Illinois. The interviews highlight the challenges faced as the program rolled out, including difficulty in communication and outreach, and some of the solutions that have been devised to overcome those challenges. This implementation report, generously funded by the American Arbitration Association-International Centre for Dispute Resolution Foundation, is offered as guidance to court administrators developing their own eviction diversion programs, with lessons that can be applied in other contexts, as well.
Participant Experience in Mediation: A Summary of Q1 2022 Survey Responses in the 16th Judicial Circuit of Illinois’ Video Mediation Program
Jennifer Shack. Resolution Systems Institute, 2022
This report summarizes survey responses from parties and attorneys who participated in a video mediation program for Kane County, Illinois, eviction cases in the first quarter of 2022. Resolution Systems Institute administers this program, which mediated 101 cases during the January to March 2022 period. Follow-up surveys were completed by 47 people.
Survey responses indicate that participants continue to have a generally positive experience in mediation. Attorneys, in particular, gave high ratings to their ability to express themselves, the fairness of the process, and their likelihood of recommending mediation. Although the majority of tenants responded favorably about their experience, they averaged lower ratings in the first quarter of 2022 than they did in 2021. This may be a function of who responded to the surveys: Although 75% of the mediations held in the first quarter of 2022 resulted in an agreement, only 38% of parties who responded to the survey reported having reached agreement. In contrast, among respondents to the previous survey, 67% said they had reached agreement in 2021, which matched the agreement rate during that time.
Eviction Mediation Design and Implementation in Illinois' 16th Judicial Circuit: Challenges and Keys to Success
Jennifer Shack. Resolution Systems Institute, 2022
Using interviews with key personnel involved in developing an eviction mediation program during the height of the COVID-19 pandemic, this report delves into the workings of the program and highlights the challenges, keys to success and lessons learned from the development and implementation process. Factors such as judicial support, collaboration among program partners, effective program administration and buy-in from landlords and their attorneys all proved to be essential to the program having a successful start. This implementation report, generously funded by the American Arbitration Association-International Centre for Dispute Resolution Foundation, is offered as guidance to court administrators developing their own eviction diversion programs, with lessons that can be applied in other contexts, as well.
Participant Experience in Eviction Mediation: Summary of Early Survey Responses in the 16th Judicial Circuit Court of Illinois' Video Mediation Program
Jennifer Shack. Resolution Systems Institute, 2022.
In this program, parties are informed of the program when they receive their summons and are invited to participate when they arrive for their initial hearing. If they decide to participate, they meet with the program coordinator, who informs them of their options, including meeting with a financial counselor and/or a legal services representative. The coordinator then schedules the mediation on a date prior to the next hearing. Mediation takes place via Zoom.
Between June 2021 and early January 2022, the program mediated 81 disputes. After each mediation, parties and attorneys are invited by email to complete a survey online about their experience. From the first 81 cases, 28 participants responded, including 6 tenants, 2 landlords and 20 attorneys. While this is a small sample size from which to draw definitive conclusions, their responses indicate the program is offering participants a positive experience in mediation.
Below, evaluation reports are organized alphabetically by topic.
Child Protection
Improving an Effective Program: A Comprehensive Evaluation of the Superior Court of the District of Columbia Child Protection Mediation Program
Jennifer Shack. Resolution Systems Institute, 2018
In Washington, DC, child protection mediation is mandatory at the outset of a case. Natural parents, their attorneys, a government attorney, the children’s attorney and the social worker meet with the goals of making progress on the legal issues in the case, services for the parents and children, and visitation. The court was interested in understanding the benefits mediation in this program provides to the case and to the parents, what impacts it has on whether a parent stipulates to the facts of the case, their compliance with services and the time it takes for a child to have a permanent home.
To meet the court’s needs, RSI’s evaluation was comprehensive, involving both process and outcomes, and quantitative and qualitative data. The evaluation included focus groups of the professionals who participate in mediation and mediators, interviews with parents and judges, mediation observations, and examination of court and program data from two time periods: all cases filed in 2013-2014, and cases mediated from April through October 2017.
The evaluation found that the program was effectively achieving its goals, including increasing the probability of a parent stipulating prior to trial, enhancing parents’ understanding of their responsibilities and of others’ perspectives, enhancing professionals’ understanding of the parents’ situations and the perspective of others at the table, and making progress on the issues in the case.
Although the program is effective, the professionals and mediators were frustrated with aspects of the process. Using the focus group discussions, judge interviews and staff insights, as well as case and mediation data, the evaluation led to a number of recommendations to improve the program process.
Child Protection Mediation: An Evaluation of Services Provided by Cook County Juvenile Court
Jennifer Shack. Resolution Systems Institute, 2010
This evaluation examined the process, outcomes, and participant experience of the mediation program over a one-year period. The study included data from 164 cases referred to mediation, as well as interviews of mediation participants, judges, attorneys and program staff.
Civil
Ohio Civil Stalking Mediation Pilot: Final Report
Jennifer Shack. Resolution Systems Institute, 2019
In recent years, the Courts of Common Pleas throughout Ohio have experienced a large increase in petitions for civil stalking protection orders (CSPOs). In response, the Ohio Supreme Court launched a pilot mediation program for those cases in July 2017 in ten jurisdictions.
Mediation for these cases is voluntary, with referral generally at the full hearing. The counties differ as to who conducts the mediations, with some referring cases to independent mediators and some being mediated by a judge not associated with the case. For all cases, mediation is conducted in a shuttle format, with the petitioner and respondent in different rooms.
This evaluation examines mediation outcomes, agreement sustainability, agreement provisions, and the impact of referral to mediation on the probability of a full hearing being held. It also looks at the experience of the few participants who completed surveys. The agreement rate was 71%, although at least three agreements were not sustained. In the county for which full analysis could be done, mediation led to almost twice as many cases being settled before a full hearing. Most participants had a positive experience, with most saying that they were satisfied with their experience, felt they had input into the outcome and believed the mediator to be fair.
Additionally, three issues were identified. These included the referral of a few cases that were ineligible for mediation, three mediation participants indicating they did not understand the enforceability of their agreement, and a missed opportunity for agreements to address the underlying reasons for conflict.
More Than Meets the Eye: Civil Case Mediation Usage in the 17th Judicial Circuit of Illinois
Jennifer Shack. Resolution Systems Institute, 2008
Official court statistics were showing a sharp decline in the use of mediation for large civil cases in the 17th Judicial Circuit. Believing more mediation was occurring than was being reported, the court requested a study to find out.
Over the course of a year, judges tracked cases in which settlement was stipulated. Lawyers and mediators were then surveyed to discover if the cases were mediated. The study found that more than twice as many and perhaps more than three times as many cases were mediated in the study period than had been reported to the court.
Civil Case Mediation Program for the a U.S. District Court for the Northern District of Illinois (Western Division): Interim Evaluation*
Jennifer Shack. Resolution Systems Institute, 2004
This is an evaluation of the first year of a court-ordered mediation pilot program. The program operates in Rockford, Illinois, the seat of the Western Division of the U.S. District Court for the Northern District of Illinois. The evaluation looked at referral rates, settlement rates, satisfaction, and perceived cost savings to litigants. It found that on the whole the program is operating as planned and that those who have participated in it tend to view it favorably. However, referral rates are lower than expected.
Family
An Evaluation of the Second Judicial Circuit of Illinois Pilot Judicial Mediation Program for Custody and Visitation Disputes in Crawford, Edwards, Lawrence, Richland, Wayne, and White Counties*
Jennifer Shack. Resolution Systems Institute, 2006
This study examines the outcomes of the first 15 months of the Second Judicial Circuit's judicial mediation program for custody and visitation disputes. Included in the report are the issues mediated, the resolution rate, time spent in mediation, the parents' perception of their experience, and the mediator's perceptions of the process.
Foreclosure
Saving Homes, Building Understanding: An Evaluation of the Eight Foreclosure Mediation Programs Funded by the Illinois Attorney General
Jennifer Shack, Resolution Systems Institute, 2018
This final evaluation of eight foreclosure mediation programs with very different service delivery models follows up the initial evaluation published in 2015. The programs were assessed on participation rate, the percentage of eligible and participating homeowners who were able to retain their homes, completion rates, the amount of time cases spent in the program, and the experience of participating homeowners at each stage of the process. Each program was evaluated individually and all eight were compared on these measures.
The findings from this evaluation supported those from the first evaluation. It, too, found that participation is greater in programs in which the homeowners are told to appear for their initial session and given a date and time to do so, as well as in programs in which the homeowners learn one-on-one how the program can help them. Homeowners with attorneys are more likely to complete the program, but they do not have a greater probability of saving their home. Homeowners also benefit from a second opportunity to participate. Among other findings are that the programs are providing a just process and are viewed positively by most participants.
For an overview, read the Executive Summary or read the Full Evaluation.
To interact with the evaluation, visit our digital summary of the evaluation.
Access individual circuit evaluations below:
- 1st Judicial Circuit
- 6th Judicial Circuit (Champaign County)
- 6th Judicial Circuit (Macon County)
- 16th Judicial Circuit
- 17th Judicial Circuit
- 19th Judicial Circuit
- 20th Judicial Circuit
- 21st Judicial Circuit
Six Programs, Six Models: An Evaluation of the Foreclosure Mediation Programs Funded by the Office of the Illinois Attorney General
Jennifer Shack. Resolution Systems Institute, 2015
This evaluation of six foreclosure mediation programs with very different service delivery models provides ample evidence that program design has a significant impact on the functioning of a program. The programs were assessed on participation rate, the percentage of eligible and participating homeowners who were able to retain their homes, completion rates, the amount of time cases spent in the program, and the experience of participating homeowners at each stage of the process. Each program was evaluated individually and all six were compared on these measures. The study found that participation is greater in programs that are easier to enter and in which the homeowners learn one-on-one how the program can help them, that homeowners benefit from a second opportunity to participate, that housing counseling and legal services improve outcomes and that all programs are providing a just process.
The Executive Summary provides a quick overview of the evaluation.
Access individual circuit evaluations below:
- 6th Judicial Circuit
- 16th Judicial Circuit
- 17th Judicial Circuit
- 19th Judicial Circuit
- 20th Judicial Circuit
- 21st Judicial Circuit
Read the Full Evaluation.
Illinois Foreclosure Mediation Program Statistical Reports
Jennifer Shack. Resolution Systems Institute, 2014-2017
RSI has been reporting quarterly statistics for the several foreclosure mediation programs funded by the Office of the Illinois Attorney General. These reports include case outcomes from each program's launch and a comparison of each program's participation rate, outcomes and time spent in the program. Since each program follows a different service delivery model, the report includes a summary of each program along with their individual statistics. The data is also presented comparatively across the five programs. Although there is no analysis of the data, the report does provide insight into the impact of program design on program effectiveness and efficiency.
- December 2019
- December 2017
- June 2017
- December 2016
- June 2016
- March 2016
- December 2015
- June 2015
- December 2014
- June 2014
Trademark
An Evaluation of the Lanham Act Mediation Program - U.S. District Court for the Northern District of Illinois*
Susan M. Yates and Jennifer Shack. Resolution Systems Institute, 2000
This study looked at court records and survey data to determine: 1) the actual number of mediations being done in the Lanham Act Mediation Program and 2) attitudes of lawyers and neutrals toward the program and toward mediation in general