Alternative Dispute Resolution
As legislatures and courts continue to expand mandates for ADR in federal and state courts, the need to know what, in fact, the ADR revolution has wrought, for good or ill, becomes more pressing.
In the last quarter century, the use of alternative dispute resolution has transformed many aspects of our civil justice system. Many cases are now resolved outside the courthouse through mediation and arbitration--some through binding decisions, some through voluntary agreements. The ICJ is committed to a program of research that will provide accurate information about the use of ADR. In particular, we want to learn about the prevalence of ADR as well as it effects on costs and case outcomes.
Featured Publications
Our Courts, Ourselves: How the Alternative Dispute Resolution Movement is Reshaping Our Legal System 2004
Deborah R. Hensler
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 2000
Deborah R. Hensler
Traces the trajectory of research on alternative dispute resolution and describes its current status.
A Research Centers: What We Need to Know About Court-Connected ADR 2000
Deborah R. Hensler
Summarizes the most pressing questions about court-connected ADR programs and sketches a Research Centers for answering them
Arbitration Agreements in Health Care: Myths and Reality 1998
Elizabeth S. Rolph, Erik Moller, John E. Rolph
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.
Related publication:
- Binding Arbitration Is Not Frequently Used to Resolve Health Care Disputes. RB-9030 (Research Brief)
An Evaluation of Mediation and Early Neutral Evaluation under the Civil Justice Reform Act 1996
James S. Kakalik, Terence Dunworth, Laurel Hill, Daniel McCaffrey, Marian Oshiro, Nicholas M. Pace, and Mary E. Vaiana
Assesses the effects of six different alternative dispute resolution (ADR) programs that included mediation and early neutral evaluation.
Related publications:
- Just, Speedy, and Inexpensive? An Evaluation of Judicial Case Management Under the CJRA, RB-9027 (Research Brief)
- Just, Speedy, and Inexpensive? An Evaluation of Judicial Case Management Under the Civil Justice Reform Act (Executive Summary) MR-800 (Full Document)
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