The State Court Administrative Office (SCAO) has submitted to the State Justice Institute (SJI) an independent evaluation that shows the effectiveness of virtual dispute resolution using Zoom and SCAO's MI-Resolve the nation's first statewide online dispute resolution platform. The report found that both Zoom and MI-Resolve were effective and rated highly by users.
"This independent assessment confirms what we already knew from anecdotal user reports that both MI-Resolve and Zoom are effective in helping to resolve disputes," said Michigan Supreme Court Chief Justice Bridget M. McCormack. "Our challenge now is to increase awareness regarding MI-Resolve so more users statewide can benefit from this innovative first-in-the-nation service."
Expanded statewide during the pandemic, MI-Resolve is an online dispute resolution tool that is free and available to all Michigan residents. The user-friendly software assists users in resolving money disputes, landlord-tenant matters (e.g., return of a damage deposit), contract issues, and neighborhood disputes. Parenting time dispute resolution is currently being tested and is expected to be added to the platform soon.
At the beginning of the pandemic, Michigan's network of 17 Community Dispute Resolution Program (CDRP) centers ceased in-person operations. Quickly, the program's trained volunteers pivoted to providing synchronous mediation or facilitation sessions through online Zoom meetings.
Highlights of the independent report regarding these two online methods include:
• Dramatic changes to statewide caseloads. A decline in referrals from schools early in the pandemic gave way to a huge influx of landlord-tenant cases later, mainly due to the CDRP centers' participation in the Michigan State Housing and Development Authority Eviction Diversion Program. The Michigan Supreme Court had issued an Administrative Order which allowed CDRP center mediators to assist the courts by serving as a presiding officer at landlord/tenant pretrials.
• CDRP centers adapted well to the use of Zoom under difficult circumstances. Without Zoom, CDRP centers would not have been able to continue operations and meet the demands of residents, courts, and other referral sources during the COVID-19 pandemic. About 90 percent of referral sources and center personnel surveyed were satisfied with the use of Zoom.
• Zoom is an effective tool for CDRP centers. A large majority of mediators and stakeholders surveyed said that Zoom mediation was either just as effective or more effective for resolving disputes as in-person mediation. Case data also indicated that during the pandemic, Zoom was nearly as effective in resolving disputes as in-person mediation and facilitation had been previously and that its efficacy is likely to improve.
• MI-Resolve has shown potential and has the capacity to develop more fully in the near future. Because it is provided online and free of charge to Michigan residents, it increases access to dispute resolution services and, if successfully used, will reduce the need to go to court, thereby lessening demand on the judicial system and the need for litigants to take time off of work and incur travel or parking expenses. Survey respondents from courts and other referral sources generally reported MI-Resolve to be an effective means for resolving disputes.
Evaluation project goals included tracking the extent to which Michigan residents have used both forms of virtual dispute resolution, assessing the level of user satisfaction, and measuring the extent to which the two processes have affected a variety of performance indicators. Data were collected from primary and secondary sources using a variety of methods to obtain multiple perspectives, including key informant interviews, focus groups, and a stakeholder survey.
The independent report resulted from funding secured in August 2020 through the SJI Court Pandemic Response and Recovery Grant. SJI was established by federal law in 1984 to award grants to improve the quality of justice in state courts, and foster innovative, efficient solutions to common issues faced by all courts.
