Noam: … I guess that’s it. I’ll see you next week!

Sharon: Are you excited?

Noam: You know I’m always excited when I pack for a visit to DRI. Specifically, for this symposium, I have mixed emotions, but I’m always excited to explore a new category of situations where ADR can be helpful. It creates that same old sense of optimism: one more troubled area we can help to clear up. On the other hand, . . . well, I know so little about eviction that it’s hard for me to say or feel anything clearly, but there’s a voice in my mind telling me to tread very cautiously in this area. I think it’s specifically trying to counterbalance that first sense of optimism, warning me that we need to go beyond our old ‘Got disputes? We can help!’ mindset. Applying ADR in eviction cases might open up all sorts of cans of worms, and this might be justified only if there are specific, unique, benefits that ADR can bring to a particular context.

Sharon: That ambivalence sounds like a great mindset to bring to the symposium. And it’s exactly the reason that we’re inviting people with all sorts of expertise, experience, and attitudes to weigh in and consider these issues. As you know, we frame DRI symposia as “intentional conversations” and Kitty and I have spent months identifying people who bring a range of perspectives to join us. Among the perspectives I wanted present were those of you who know and understand both the benefits and critiques of dispute resolution programs – even if you don’t know much about this specific content area. We will have other people in the room who were invited because of their deep knowledge and understanding of landlord/tenant law and the eviction crisis.

Noam: How about you? Are you optimistic that this area could benefit from ADR?

Sharon: I would say that I am cautiously optimistic. I’ve seen first-hand how a well-designed mediation program can help many people. I am excited to share with everyone the pilot project that has been operating in the Ramsey County (Saint Paul) courthouse where I have been mediating. Mediation had been utilized for decades there and from my perspective, has been problematic owing primarily to the power imbalance created by housing laws. As a result, mediation didn’t have much to offer—the landlords held all the cards. In the pilot, I saw how system design can change this dynamic, and now the mediations provide and create value, and parties benefit. So, having seen it with my own eyes, I think the best way to put it is that I’m optimistic that dispute resolution can provide an answer (but not the only answer) to this crisis. I’m also hoping this symposium provides me with ways to support my optimism!

Noam: And still, you’ve also intentionally invited people who might be less optimistic. I like that!

Sharon: Yup! We’ll all bring our butterflies of optimism, and I hope we’ll open that can of worms you’re bringing. If you can get it through the TSA check, of course.

Noam: Off to update my packing list!