Online Dispute Resolution Expanding Access to Justice Tyler

Reimagining civil justice © Tyler Technologies 2019

Endless stacks of cases. Slow time to resolution. Budgets are tight. Citizens and staff

Some potential ODR case types • Landlord & tenant • Small claims • Custody

Dispute-related workflow without ODR Hearing Court Decision Dispute? File & Serve File into Court

Dispute-related workflow with ODR Hearing Court Decision Dispute? File & Serve File into Court

Lifecycle of a Case* Case Filed Final Order Proposed Order Answer Filed Hearing Set

Lifecycle of a Case* Case Filed Final Order Proposed Order Answer Filed Hearing(s) Held

Case Study Population 2, 156, 724 Ranking 12 th largest county in U. S.

Overview of the Family Mediation Center Staff Cases Time Plans Settlements Equivalent of 11

Program implementation overview Contested child custody parenting plans Family mediation center allows negotiation phase

Plaintiff/Petitioner © Tyler Technologies

Defendant/Respondent © Tyler Technologies

Customized outcome agreements based on selections Agreements: Full agreements, partial agreements, or nonsettlement agreements

Analysis of Early Results © Tyler Technologies

Parenting plan participation results for one year 36% voluntary participation 36% Includes participation from

Outcomes of completed parenting plan disputes No Agreement 23% Full Agreement – party to

Average timeline to resolution Week 1 2 3 4 5 Court Trial Date In-Person

Parties that successfully negotiated a full parenting agreement averaged only 6 days and the

Participation results based on final agreement 84% of agreements reached outside of court hours

Multitasking Crafting language carefully ODR mediator skills When and how to caucus Constant

Using text vs. non-verbals Utilizing affirming language Online Active Listening Providing quick responses

Getting Involved 48 © Tyler Technologies 2017

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Online Dispute Resolution Expanding Access to Justice © Tyler Technologies 2017

Reimagining civil justice © Tyler Technologies 2019

Endless stacks of cases. Slow time to resolution. Budgets are tight. Citizens and staff are frustrated. A growing number of self-represented litigants that don’t understand the court process. Higher expectation from citizens driven by technology. © Tyler Technologies 2017

Some potential ODR case types • Landlord & tenant • Small claims • Custody / Parenting Plans • Debt collection • Construction / Repairs • Condo / Homeowners Association • Traffic • Civil contracts 6 © Tyler Technologies 2017

Dispute-related workflow without ODR Hearing Court Decision Dispute? File & Serve File into Court Settlement reached? 7 © Tyler Technologies 2017 Settlement Agreement Filed into Case Court Official Signs

Dispute-related workflow with ODR Hearing Court Decision Dispute? File & Serve File into Court Settlement reached? 8 © Tyler Technologies 2017 Settlement Agreement Filed into Case Court Official Signs

Lifecycle of a Case* Case Filed Final Order Proposed Order Answer Filed Hearing Set Paper Filing Hearing(s) Held 120 Days & *Based on NCSC Time Standards 9 © Tyler Technologies 2017

Lifecycle of a Case* Case Filed Final Order Proposed Order Answer Filed Hearing(s) Held 50% Time savings Paper Filing 60 Days & *Based on NCSC Time Standards Party-Party Negotiation Mediation Settlement? 10 © Tyler Technologies 2017

Ranged Offers

Case Study Population 2, 156, 724 Ranking 12 th largest county in U. S. by population Courts 20 family courts 32 civil/criminal courts More than 600 court employees © Tyler Technologies 2018 Clark County

Overview of the Family Mediation Center Staff Cases Time Plans Settlements Equivalent of 11 full ~3, 900 cases Typically 21 -28 days Parenting plans Average settlement time mediators annually mediated for first in-person include, custody, rate of 71% mediation vacation time, appointment holidays, exchanges © Tyler Technologies

Program implementation overview Contested child custody parenting plans Family mediation center allows negotiation phase for free and still charges for the mediation phase during the pilot Pilot currently with 3 family courts with remaining to be added periodically Short timeframe of 3 calendar days for each party to engage Mandatory mediation ordered by the judges for all child custody cases © Tyler Technologies

Plaintiff/Petitioner © Tyler Technologies

Customized outcome agreements based on selections Agreements: Full agreements, partial agreements, or nonsettlement agreements generated based on outcome Signatures: Electronic signature component Electronic filing: Integration with ECF 4. 01 e-Filing systems © Tyler Technologies

Parenting plan participation results for one year 36% voluntary participation 36% Includes participation from both plaintiff and defendant © Tyler Technologies 2019

Outcomes of completed parenting plan disputes No Agreement 23% Full Agreement – party to party 2% Completed online agreements Mediator efficiencies expected ODR is expanding access to justice 75% Partial Agreement *Based on cases where both parties participated © Tyler Technologies 2019

Average timeline to resolution Week 1 2 3 4 5 Court Trial Date In-Person Mediation Appointment Modria © Tyler Technologies 2019 6 7 8

Parties that successfully negotiated a full parenting agreement averaged only 6 days and the fastest was 2 days © Tyler Technologies 2019

Participation results based on final agreement 84% of agreements reached outside of court hours Includes agreements reached with and without a mediator 84% © Tyler Technologies 2019

Multitasking Crafting language carefully ODR mediator skills When and how to caucus Constant communication / high touch Balancing power differentials Leveraging outside information and resources © Tyler Technologies 2018

Using text vs. non-verbals Utilizing affirming language Online Active Listening Providing quick responses Re-stating and re-framing Avoiding language that can be misinterpreted Constant communication / memorializing progress Leveraging caucusing to prove key points are heard © Tyler Technologies 2018