In the legal field, alternative dispute resolution is a strategy to bring two or more parties to an amicable agreement outside the courthouse setting, such as via mediation and arbitration. RAND has researched alternative dispute resolution, or ADR, since the early 1980s, beginning with medical malpractice and continuing with a focus on state, appellate, and federal court–ordered arbitration in mass torts, personal injury law suits, and the banking industry.
News Release
The quest for greater transparency in the American civil justice system is the topic of a new book of essays illustrating how a balanced approach to increasing transparency can improve the civil justice system, raise public confidence and protect litigants' privacy.
Report
Some argue that the confidentiality of the civil justice system keeps it working efficiently and fairly; others argue that the public is being denied information about hazards that may cause harm. A balanced approach to increasing transparency can improve the system, raise public confidence, and protect litigants' privacy.
Research Brief
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.
Project
The RAND Institute for Civil Justice (ICJ) conducts research on all aspects of civil justice, from trends in litigation and jury verdicts to punitive damages, compensation systems, and alternative dispute resolution. Directly or indirectly, civil justice issues have an impact on us all.
Report
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.
Journal Article
This article describes court-ordered arbitration and distinguishes it from other dispute resolution procedures.
Journal Article
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.
Journal Article
Science in the Court: Is There a Role for Alternative Dispute Resolution?
Journal Article
Offers a critical perspective on the evolution of alternative dispute resolution.
Journal Article
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.
Journal Article
Arbitration programs appear to meet a demand for fair, adjudicative third-party hearings, but in doing so, they don't always improve court efficiency.
Journal Article
This article traces the development of empirical research on alternative dispute resolution (ADR) and its impact on the legal system.
Journal Article
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.
Journal Article
Arbitration agreements in health care : myths and reality
Report
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.
Report
The report describes an assessment of the effects of six different alternative dispute resolution (ADR) programs that included mediation and early neutral evaluation.
Research Brief
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.
Report
Prepare a manual and develop prototype data collection instruments to assist those with responsibility for evaluating federal agency alternative dispute resolution programs.
Journal Article
Many doors? closing doors? : alternate dispute resolution and adjudication
Journal Article
A glass half full, a glass half empty : the use of alternative dispute resolution in mass personal injury litigation
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