In Support of Guiding Principles for Civil Diversion Programs (2024)
Resolution 3-2024: In Support of Guiding Principles for Civil Diversion Programs
WHEREAS, the proper administration of civil litigation is a matter of high importance to protect access to justice, public trust and confidence, and the constitutional role of the state courts; and
WHEREAS, national studies have shown that state courts are increasingly dominated by lower-value contract cases, traffic violations, landlord/tenant disputes, and debt collection cases; and
WHEREAS, the majority of civil cases — especially in high-volume dockets — involve at least one self-represented litigant and often result in default judgments; and
WHEREAS, on August 22, 2018, CCJ and COSCA adopted Resolution 4 In Support of Rules Regarding Default Judgments in Debt Collection Cases, recognizing the harm of default judgments and the need for protective measures; and
WHEREAS, CCJ and COSCA recognize the importance of civil diversion programs that provide litigants time, information, and resources to resolve disputes in less harmful ways within or alongside formal court proceedings; and
WHEREAS, on January 19, 2022, CCJ and COSCA adopted Resolution 1 Encouraging State Courts to Adopt Innovative Practices in High-Volume Dockets, urging courts to use diversion programs and other mechanisms to improve access, efficiency, and user experience; and
WHEREAS, courts and agencies have developed diversion programs for cases such as mortgage foreclosure, eviction, traffic violations, and consumer debt; and
WHEREAS, since 2021, the NCSC's Eviction Diversion Initiative has supported pilots in over 20 courts, demonstrating scalable models for resolving high-volume civil cases;
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators:
- Urge the adoption of policies to support and encourage the design and implementation of civil diversion programs that incorporate the CCJ/COSCA Guiding Principles for Civil Diversion Programs;
- Urge the National Center for State Courts to showcase scalable models, conduct rigorous evaluations, develop best practices, and share resources; and
- Encourage collaboration with community partners, agencies, legislatures, private funders, and other civil justice stakeholders to support civil diversion programs.
Adopted at the CCJ/COSCA 2024 Annual Meeting on August 7, 2024.
CCJ/COSCA Guiding Principles for Civil Diversion Programs
Civil Diversion Definition
"Programs that operate within or adjacent to the formal court process to provide litigants with the time, information, and resources to resolve disputes in a less harmful way."
Examples include eviction diversion, mortgage foreclosure mediation, and consumer credit card diversion. These exclude programs not connected to the courts, such as standalone mediation or rental assistance programs.
1. Courts should implement alternative pathways for dispute resolution.
High-volume dockets (e.g., landlord-tenant, small claims, debt collection) strain court resources. Diversion programs reduce burden, connect litigants to services, and boost public trust and appearance rates — especially for self-represented litigants.
2. Diversion programs should be collaborative partnerships.
Courts should partner with legal aid groups, mediation centers, and social services like housing navigators and financial counselors. Courts can assist by identifying eligible cases, facilitating referrals, and sharing space or data with partners.
3. Diversion programs should have clear eligibility and entry points.
Programs may be opt-in or opt-out and can include criteria based on case type, timing, party income, or service capacity. Some jurisdictions may mandate diversion attempts before litigation proceeds.
4. Courts should inform and incentivize participation.
Courts should share program details in summonses, mailings, and outreach (e.g., text reminders, social media, ads). Incentives may include waived filing fees or expedited hearing dates for participants.
5. Programs should be data-informed and regularly adjusted.
Courts and partners should regularly meet to evaluate programs, adjust strategies, and collect data to ensure responsiveness to community needs.