Increasing Referrals to Small Claims Mediation Programs: Models to Improve Access to Justice

Authors

Heather Scheiwe Kulp, Harvard Law School

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.

Disciplines

Courts | Dispute Resolution and Arbitration | Judges | Law | Legal Remedies

Recommended Citation

Heather S. Kulp, Increasing Referrals to Small Claims Mediation Programs: Models to Improve Access to Justice, 14 Cardozo J. Conflict Resol. 361 (2013).
Available at: https://larc.cardozo.yu.edu/cjcr/vol14/iss2/4