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AI Software Gives Boost to Diversion Programs

Last year, the Conference of Chief Justices and the Conference of State Court Administrators adopted a resolution urging NCSC to showcase effective, scalable models for civil diversion programs that create alternate pathways for litigants to resolve disputes. These programs would be grounded in a set of guiding principles, which encourage collaboration with other civil justice system partners.  

Inspired by that resolution, NCSC formed a partnership with the American Arbitration Association (AAA) and the Court of Common Pleas in Lancaster County, Pennsylvania, which had an existing consumer debt diversion program. 

A review of filings from the first half of 2024 showed that the court’s diversion program reduced the number of cases on the docket by more than half. Those results suggested that this market was ready for testing software developed by AAA. The software is designed to help further expand a burgeoning diversion program the court had established to address credit card debt cases.

“NCSC has been extremely supportive of the Lancaster County Court’s vital Credit Card Diversion Program,” said Shelley Schenk, diversion program coordinator and staff attorney of the Lancaster County Court of Commons Pleas. “The AI App developed by AAA will save the court a great deal of time and resources.”

The purpose of the software—coined the Court Diversion Eligibility Screener—Built by AAA—is to help increase access to justice, preserve judicial resources, and streamline civil caseload management. The screener applies AI to help court staff evaluate and triage cases while also automating the administration and management of those that are routed for diversion.

Software such as this will be most impactful in jurisdictions where court-based civil diversion programs are already in place (or are ready to be launched) and sound case flow management practices exist and are ready for automation. With staff support and oversight, successful diversion programs can be optimized to divert cases more efficiently while reducing the burden on court staff and improving the litigant experience. AAA and NCSC are now partnering to make the eligibility screener software available for use by other courts. Read more about the partnership in this article on NCSC’s website, and contact the Access to Justice team to learn more.