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Alternative Dispute Resolution

Publications are listed in chronological order. Learn more about ICJ's research by visiting the Research Agenda page on Alternative Dispute Resolution. Additional related publications may be found in the lists of Research Briefs and Executive Summaries.

Publications

Our Courts, Ourselves: How the Alternative Dispute Resolution Movement is Reshaping Our Legal System Deborah R. Hensler, RP-1090 (originally published in Penn State Law Review, v. 108, no. 1, 2003), 2004 (Ordering Information) A critical perspective on one part of the history of the ADR movement in the United States: the evolution of ADR in the legal world. Includes historial antecedents, discusses the "community justice movement," and more.

ADR Research at the Crossroads Deborah R. Hensler, RP-915 (originally published in Journal of Dispute Resolution, v. 2000, no. 1), 2000 (Ordering Information) Traces the trajectory of research on alternative dispute resolution and describes its current status.

A Research Agenda: What We Need to Know About Court-Connected ADR Deborah R. Hensler, RP-871 (originally published in Dispute Resolution Magazine, v. 6, no. 1, Fall 1999), 2000 (Ordering Information) Summarizes the most pressing questions about court-connected ADR programs and sketches a research agenda for answering them.

Arbitration Agreements in Health Care: Myths and Reality Elizabeth S. Rolph, Erik Moller, John E. Rolph, RP-746 (originally published in Law and Contemporary Problems, v. 60, no. 1, Winter 1997), 1998 (Ordering Information) Reports on the prevalence of mandatory arbitration agreements among health plans and providers and describes the decision points for their use as well as the prospects for their future use.

An Evaluation of Mediation and Early Neutral Evaluation under the Civil Justice Reform Act James S. Kakalik, Terence Dunworth, Laurel Hill, Daniel McCaffrey, Marian Oshiro, Nicholas M. Pace, and Mary E. Vaiana, MR-803, 1996 (Ordering Information) Assesses the effects of six different alternative dispute resolution (ADR) programs that included mediation and early neutral evaluation.

Evaluating Agency Alternative Dispute Resolution Programs: A Users' Guide to Data Collection and Use Elizabeth S. Rolph and Erik Moller, MR-534, 1995 (Ordering Information) Manual created to assist those with responsibility for evaluating federal agency alternative dispute resolution programs; discusses issues in designing evaluations, lays out approaches to data collection, provides sample data analysis plans, and includes a number of prototype data collection instruments. 

A Glass Half Full, a Glass Half Empty: The Use of Alternative Dispute Resolution in Mass Personal Injury Litigation Deborah R. Hensler, RP-446 (originally published in Texas Law Review, v. 73, no. 7, June 1995), 1995 (Ordering Information) Briefly surveys the many forms of ADR to determine whether the use of ADR might help the civil justice system deal with the increasing amount of mass personal injury litigation.

Many Doors? Closing Doors? Alternate Dispute Resolution and Adjudication Judith Resnik, RP-349 (originally published in The Ohio State Journal on Dispute Resolution, v. 10, no. 2., 1995), 1995 (Ordering Information) Maps the changing attitudes toward alternative dispute resolution (ADR) and the claims made on behalf of ADR, as well as changing attitudes toward adjudication and its attributes.

Does ADR Really Save Money? The Jury's Still Out Deborah R. Hensler, RP-327 (originally published in The National Law Journal, 1994), 1994 (Ordering Information) Reviews the (mixed) evidence regarding claims that alternative dispute resolution can reduce the public costs of civil case disposition and lower litigants' legal bills and suggests two lessons with application beyond the court-administered arbitration context.

Escaping the Courthouse: Private Alternative Dispute Resolution in Los Angeles Elizabeth S. Rolph, Erik Moller, and Laura Petersen, MR-472, 1994 (Ordering Information) By focusing on all civil money suits in Los Angeles county in 1992 and 1993, study found that private ADR is a small, but growing, segment of the Los Angeles market and has the potential to reduce court workload.  

Private Dispute Resolution in the Banking Industry Erik Moller, Elizabeth S. Rolph, and Patricia A. Ebener, MR-259, 1993 (Ordering Information) Examines the use of private ADR by firms in the banking industry in response to a perceived liability crisis in the 1980s; interviews indicate satisfaction with the private ADR program, even though the actual funds paid for verdicts and settlements increased.

Alternative Dispute Resolution in Trial and Appellate Courts Robert J. MacCoun, E. Allan Lind, and Tom R. Tyler, RP-117 (originally published in Handbook of Psychology and Law, 1992), 1992 (Ordering Information) Reviews the available research on seven major court-administered ADR procedures that appear to be particularly popular and representative of the broader range of alternatives.

Science in the Court: Is There a Role for Alternative Dispute Resolution? Deborah R. Hensler, RP-109 (originally published in Law and Contemporary Problems, v. 54, no. 3, Summer 1991), 1992 (Ordering Information) Addresses the question of whether ADR might remedy perceived problems in court procedures for dealing with scientific questions (such as medical malpractice, product liability, and toxic tort litigation) in court cases.

Unintended Consequences of Court Arbitration: A Cautionary Tale from New Jersey R. J. MacCoun, RP-134 (originally published in The Justice System Journal, Vol. 14, No. 2, 1991), 1992 (Ordering Information) Arbitration programs are expected to reduce delays and costs by providing a more efficient substitute for trial, but because most disputes are already resolved without adjudication, an arbitration program is likely to divert more cases from settlement than from trial.  

Assessing Claims Resolution Facilities: What We Need to Know Deborah R. Hensler, RP-107 (originally published in Law and Contemporary Problems, v. 53, no. 4, Autumn 1990), 1992 (Ordering Information) Proposes an agenda for research on claims resolution facilities, the results of which could assist in improving the current set of facilities and fashioning better alternatives for the future.

Court-Ordered Arbitration: An Alternative View Deborah R. Hensler, RP-103 (originally published in The Legal Forum, v. 1990), 1992 (Ordering Information) Describes court-ordered arbitration and distinguishes it from other dispute resolution procedures; summarizes the development of court arbitration programs and places this development within the context of the alternative dispute resolution (ADR) movement; and reviews policy and scholarly concerns that have been expressed about the expanding role of court-mandated arbitration.

Arbitrating High-Stakes Cases: An Evaluation of Court-Annexed Arbitration in a United States District Court E. A. Lind, R-3809, 1990 (Ordering Information) Describes a four-year study of the efficacy of court-annexed arbitration in the U.S. District Court for the Middle District of North Carolina.

Judicial Arbitration in California: An Update D. L. Bryant, N-2909, 1989 (Ordering Information) Reports the findings of a 1987 survey of California court officials on the status of the state's judicial arbitration program.

The Perception of Justice: Tort Litigants' Views of Trial, Court-Annexed Arbitration, and Judicial Settlement Conferences E. A. Lind, R. J. MacCoun, P. A. Ebener, W. L. F. Felstiner, D. Hensler, J. Resnik, T. R. Tyler, R-3708, 1989 (Ordering Information) Investigates the attitudes and perceptions of individual plaintiffs and defendants concerning fairness of and satisfaction with experiences during personal-injury tort cases in three state courts. 

Alternative Adjudication: An Evaluation of the New Jersey Automobile Arbitration Program R. J. MacCoun, E. A. Lind, D. Hensler, D. L. Bryant, P. A. Ebener, R-3676, 1988 (Ordering Information) Evaluation of New Jersey's statewide program of mandatory court-administered arbitration of automobile injury lawsuits, by comparing the pre- and post-arbitration periods.  

What We Know and Don't Know About Court-Administered Arbitration D. Hensler, N-2444 (originally published in Judicature, February-March 1986), 1986 (Ordering Information) Summarizes the results of ICJ research in the area of court-administered arbitration; describes what has been learned to date and identifies some issues that remain to be examined. 

Court-Annexed Arbitration: The National Picture P. A. Ebener, D. R. Betancourt, N-2257, 1985 (Ordering Information) Reports the findings of a national survey to determine the current status of court-annexed arbitration among state and federal trial courts, as jurisdictions that authorize such arbitration doubled in the five years since the ICJ conducted a similar survey.

Court-Annexed Arbitration in the State Trial Court System D. R. Hensler, P-6963 (testimony before the Judiciary Committee Subcommittee on Courts, United States Senate, February 1984), 1984 (Ordering Information) Testimony covers the spread of court-annexed arbitration through the state trial court system, variations in the design of court-arbitration programs nationwide, the effectiveness of arbitration in reducing court congestion, and how arbitration affects litigants.

Court-Ordered Arbitration: The California Experience E. S. Rolph, D. Hensler, N-2186, 1984 (Ordering Information) Examines the experimental court-ordered arbitration program established in California in 1979 to determine its effectiveness and popularity.

Introducing Court-Annexed Arbitration: A Policymaker's Guide E. S. Rolph, R-3167, 1984 (Ordering Information) Summarizes the variety of arbitration program design alternatives, assesses the probable implications of choosing one set of alternatives over another, and discusses methods that courts adopting arbitration might use to evaluate its effectiveness.  

Reforming the Civil Litigation Process: How Court Arbitration May Help D. Hensler, P-7025 (originally published in the New Jersey Bell Journal, August 1984) 1984 (Ordering Information) Describes some factors contributing to the congestion, delay, and expense that currently trouble the country's civil courts, and reviews the results of two ICJ studies on the effectiveness of court-annexed arbitration. 

Court-Administered Arbitration: An Alternative for Consumer Dispute Resolution D. Hensler, J. W. Adler, G. J. Rest, N-1965, 1983 (Ordering Information) Presents the preliminary results of a year-long study of the Pittsburgh (Allegheny County Court of Common Pleas) arbitration program; summarizes the findings to date, highlighting issues that may be of particular concern to those interested in consumer dispute resolution. 

Simple Justice: How Litigants Fare in the Pittsburgh Court Arbitration Program J. W. Adler, D. Hensler, C. E. Nelson, G. J. Rest, R-3071, 1983 (Ordering Information) Examines the arbitration program of the Pittsburgh (Allegheny County) Court of Common Pleas, which at the time of the study applied to cases of $10,000 or less.

Judicial Arbitration in California: The First Year D. R, Hensler, A. J. Lipson, E. S. Rolph, R-2733, 1981 (Ordering Information) Studies the critical implementation phase of the California judicial arbitration program; indentifies the primary objectives of the program's supporters and the program's history and evolution; and examines arbitration's potential for reducing court workload.

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