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.
Confidentiality, Transparency, and the U.S. Civil Justice System — 2012
A collection of essays by leading legal scholars on the role and impact of confidentiality in the U.S. legal system, discussed in a multidisciplinary, nonpartisan, and empirical manner.
Would Increased Transparency Improve the Civil Justice System? — 2012
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.
Business-to-Business Arbitration in the United States: Perceptions of Corporate Counsel — 2011
Presents findings from a survey and follow-up interviews of corporate counsel on their thinking about arbitration and its use in business-to-business contracts. The data fill a significant gap in the commercial arbitration literature.
Alternative Dispute Resolution in Trial and Appellate Courts — 2004
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.
Assessing Claims Resolution Facilities: What We Need to Know — 2004
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.
Court-ordered Arbitration: An Alternative Overview — 2004
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
Offers a critical perspective on the evolution of alternative dispute resolution.
Science in the Court: Is There a Role for Alternative Dispute Resolution? — 2004
Science in the Court: Is There a Role for Alternative Dispute Resolution?
Unintended Consequences of Court Arbitration: A Cautionary Tale from New Jersey — 2004
Arbitration programs appear to meet a demand for fair, adjudicative third-party hearings, but in doing so, they don't always improve court efficiency.
ADR Research at the Crossroads — 2001
This article traces the development of empirical research on alternative dispute resolution (ADR) and its impact on the legal system.
A Research Agenda: What We Need to Know About Court-Connected ADR — 2000
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 — 1998
Arbitration agreements in health care : myths and reality
An Evaluation of Mediation and Early Neutral Evaluation Under the Civil Justice Reform Act — 1996
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 CJRA — 1996
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.
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.
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 — 1995
Many doors? closing doors? : alternate dispute resolution and adjudication
Does ADR really save money? The jury's still out — 1994
Does ADR really save money? The jury's still out
Escaping the Courthouse: Private Alternative Dispute Resolution in Los Angeles — 1994
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.
Private Dispute Resolution in the Banking Industry — 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, ...
Judicial Arbitration in California: An Update — 1989
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.
Alternative Adjudication: An Evaluation of the New Jersey Automobile Arbitration Program — 1988
In 1985, New Jersey implemented a statewide program of mandatory court-administered arbitration of automobile injury lawsuits.
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