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.
This collection of essays by leading legal scholars is the first book to approach the issue of confidentiality in the legal system in a multidisciplinary, nonpartisan, and empirical manner. The essays provide empirical analyses and case studies of the impact of greater disclosure on various aspects of the system, ranging from settlement values to fraud, and propose several novel prescriptions for reform.
This research brief provides an overview of a collection of essays, a collaborative project by the UCLA-RAND Center for Law and Public Policy, examining the trade-offs between transparency and confidentiality in the civil justice system.
Evidence suggests that arbitration clauses, though common in consumer contracts, are uncommon in commercial contracts, but research on why this may be so is scant. This report presents the findings of a survey and follow-up interviews of corporate counsel that sought to determine their thinking on domestic business-to-business arbitration and its use as an alternative to litigation.
This study reviews the available research on seven major court-administered alternative dispute resolution (ADR) procedures that appear to be particularly popular and representative of the broader range of alternatives.
This article 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.
This article describes court-ordered arbitration and distinguishes it from other dispute resolution procedures.
Our Courts Ourselves: How the Alternative Dispute Resolution Movement Is Reshaping Our Legal System — 2004
Federal courts are now required by law to offer some form of alternative dispute resolution (ADR), and many state courts require parties to attempt to resolve their cases through mediation before they can obtain a trial date. The author presents a personal critical perspective on the evolution of ADR in the legal world. She presents historical antecedents, discusses the "community justice movement," the business community's joining of the ADR movement, and offers thoughts on the dispute resolution movement's contribution to changes in the view of the justice system.
Science in the Court: Is There a Role for Alternative Dispute Resolution?
Arbitration programs appear to meet a demand for fair, adjudicative third-party hearings, but in doing so, they don't always improve court efficiency.
This article traces the development of empirical research on alternative dispute resolution (ADR) and its impact on the legal system.
Although practitioners of alternative dispute resolution (ADR) have long emphasized the benefits of substituting problem-solving processes for adjudication, empirical studies indicate that ADR may not save litigation costs or time.
Arbitration agreements in health care : myths and reality
The report describes an assessment of the effects of six different alternative dispute resolution (ADR) programs that included mediation and early neutral evaluation.
Just, Speedy, and Inexpensive? : An Evaluation of Judicial Case Management Under the Civil Justice Reform Act — 1996
This executive summary provides an overview of the purpose of the CJRA (Civil Justice Reform Act of 1990), the basic design of the evaluation, the key findings, and their policy implications.
Examined the effects of the CJRA's (Civil Justice Reform Ac) case management principles on time to disposition, costs, and participants' satisfaction and views of fairness.
Evaluating Agency Alternative Dispute Resolution Programs: A Users' Guide to Data Collection and Use — 1995
Prepare a manual and develop prototype data collection instruments to assist those with responsibility for evaluating federal agency alternative dispute resolution programs.
A glass half full, a glass half empty : the use of alternative dispute resolution in mass personal injury litigation — 1995
A glass half full, a glass half empty : the use of alternative dispute resolution in mass personal injury litigation
Many doors? closing doors? : alternate dispute resolution and adjudication
Does ADR really save money? The jury's still out
This study profiles private alternative dispute resolution (ADR) in Los Angeles. The study focused on all civil money suits in Los Angeles county in 1992 and 1993.
This monograph examines the use of private alternative dispute resolution (private ADR) by firms in the banking industry in response to a perceived liability crisis in the 1980's.
Arbitrating High-Stakes Cases: An Evaluation of Court-Annexed Arbitration in a United States District Court — 1990
Court-annexed arbitration, which requires the referral of civil cases to nonbinding arbitration before a lawyer-arbitrator, has become an increasingly common feature of civil procedure, ...
Reports the findings of a 1987 survey of court officials undertaken to determine the status of California's judicial arbitration program. It also describes how local courts have implemented the program, analyzes selected program outcomes,...
The Perception of Justice: Tort Litigants' Views of Trial, Court-Annexed Arbitration, and Judicial Settlement Conferences — 1989
This report investigates the attitudes and perceptions of individual plaintiffs and defendants in personal-injury tort cases in three state courts.
In 1985, New Jersey implemented a statewide program of mandatory court-administered arbitration of automobile injury lawsuits.