News & Updates

Last month, it was announced that reforms to Canada’s Divorce Act will be delayed due to COVID-19, highlighting just how important it is that courts prepare for this and other types of possible disasters. There are a number of practical steps courts must take now in order to meet people’s needs in a world where going to a physical courthouse is even more difficult—and dangerous.

Earlier this month, the Civil Justice Council in England and Wales published a report on the impact of the COVID-19 pandemic on civil court users. The report includes results from the council's rapid review of remote hearings, which was conducted to assess what is and isn’t working, as well as how to best move forward.

Courts are faced with the task of balancing the public’s need for an efficient justice system with everyone’s health and safety during the COVID-19 pandemic. Online dispute resolution, along with a host of other approaches, will likely play a role in tackling the post-pandemic demand for legal services.

In April, the Association of Family and Conciliation Courts hosted a webinar focused on the Intersection of Technology, Domestic Violence, and Family Courts during COVID-19, and shared how tools we use on a daily basis can become lethal weapons when intimate partner violence is involved.

On April 10, the State Justice Institute hosted a webinar to launch its new Funding Toolkit for State Courts and Justice System Partners. The toolkit is designed to support courts and their partners as they pursue federal and philanthropic funding opportunities, and includes resources that cover the entire grant-seeking writing and management process.

In January, the Association of Family and Conciliation Courts' Family Court Review published an article highlighting the key takeaways, proposals, and results from last spring's Plain and Simple: Making the Legal System Accessible to All conference. The conference was directed at the immense need for plain language and simplification reform efforts, and was co-sponsored by IAALS.

In today’s increasingly busy and connected world, electronic notifications play a significant role in keeping us up to date. One would expect that due to the serious nature of court proceedings that the courts would be up-to-date with messaging or other communication capabilities, but unfortunately that is not the case. However, many courts are beginning to change that reality.

To address the challenges posed by the rising number of debt collection cases in our state courts—including high rates of self-represented litigants and default judgments—IAALS and the National Center for State Courts have released a new white paper that presents a model approach to reform in these cases.

The National Self-Represented Litigants Project has released its 2018/2019 report on the demographics of SRLs in Canada, including their income, education level, party status, and experience with legal services. While some of the results may come as no surprise, others are more eyebrow-raising.

 

More and more courts are working to address backlogged cases and court users' dissatisfaction. In just the last few months, several Midwestern courts have taken steps to introduce more technology into their courts, removing barriers that many litigants face, especially those who represent themselves.

Eldercaring Coordination is an innovative dispute resolution process for high-conflict cases, providing an alternative to the traditional adversarial court process. By directly focusing on elders and their legally authorized decisionmakers, Eldercaring Coordination helps families work together to regain harmony and make decisions for the elder that all family members can agree on. 

Online dispute resolution platforms have existed for over two decades and have carved out an important and expanding role in the legal landscape. The 2019 International ODR Forum was held last month in Virginia, during which IAALS team members participated in discussions about the future of ODR.

In partnership with national experts, IAALS has developed three new guides to support real change in state courts. Stemming from our work on the Civil Justice Initiative and Family Justice Initiative, the guides are designed to assist in creating effective self-help information for those who need it, developing problem-solving approaches for families in court, and providing insight for judges who interface with self-represented litigants.

Online dispute resolution is emerging in courts around the country. Last month, Arizona’s Administrative Office of the Courts announced the launch of an ODR pilot program in the family courts of Pinal County, and there are also startups providing similar services through intelligent dispute resolution.

Each month, the Colorado Lawyer publishes a “Judges Corner” article written by judges on a topic in which they are experts. This month, IAALS teamed with two judges to tackle the topic of unbundling and the important role that judges must play in promoting and encouraging its use.

The National Self-Represented Litigants Project (NSRLP), recently announced the launch of their rebranded blog, “The Access Revolution Blog: Dispatches from the Frontlines.” The goal of the blog is to serve as a collaborative platform, breaking down the disconnect between users of the court and legal stakeholders, and to offer practical solutions to address the access to justice problem in Canada. 

Today, IAALS announces the release of a new resource, Listen > Learn > Lead: A Guide to Improving Court Services through User-Centered Design, on how best to solicit feedback from self-represented litigants and other court stakeholders. The tools provided in this guide come from the knowledge IAALS gained through the Court Compass Project design sprint workshops.

Our courts face a crisis of access. In a majority of family cases—divorce, separation, and custody issues—at least one party is self-represented. With upwards of 80 to 90 percent of cases involving a self-represented party, it is essential that self-represented litigants can navigate the process and know what to expect at key stages. Partnering with experts around the country, IAALS developed Court Compass as a way to engage court users in brainstorming ways to simplify the family court process.

The percentage of self-represented litigants in many state family courts is substantial. According to a new post by the National Self-Represented Litigants Project (NSRLP), these self-represented parties often feel like outsiders in a court system that appears to them as a private club. 

The family justice system was built on the assumption that litigants would be represented by lawyers, but that assumption no longer holds true. It is no secret among lawyers, court staff, and judges—if not the general population itself—that more and more people are representing themselves through their divorce process, instead of hiring an attorney.