Increasing Referrals to Small Claims Mediation Programs: Models to Improve Access to Justice
Kulp, Heather Scheiwe
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- 2017John R. Fernstrom v. Victor Trunzo, Gary Owens, Eugene Castellucci, James Dautenhahn, Peter DeAngelis, David J. Weidman, Individually and Ellis Point Del. Ch.
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Abstract
The justice system is in crisis. In 2011, 85% of Connecticut's family court cases had at least one self-represented litigant. In Massachusetts, 92% of parties appearing in housing cases are selfrepresented. New York saw self-representation in 97% of child support cases.
Although judges and attorneys are learning to adapt to this new reality, the strain is felt strongly by bench and bar alike. This article explores a service that many courts already offer-small claims mediation-and studies how courts may more effectively refer parties to such services. Specifically, this article identifies six primary models courts use to refer parties to small claims mediation and evaluates how those models operate best when connected to certain goals.