Alternative Dispute Resolution

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.

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REPORT

Would Increased Transparency Improve the U.S. Civil Justice System? — Apr 24, 2012

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

Would Increased Transparency Improve the Civil Justice System? — Apr 24, 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.

NEWS RELEASE

New Book Explores Transparency in the American Civil Justice System — Apr 24, 2012

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.

News Release

PROJECT

Making the Civil Justice System More Efficient and Equitable — Oct 3, 2011

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

Business-to-Business Arbitration in the United States: Perceptions of Corporate Counsel — Jan 18, 2011

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.

JOURNAL ARTICLE

Unintended Consequences of Court Arbitration: A Cautionary Tale from New Jersey — Dec 31, 2003

Arbitration programs appear to meet a demand for fair, adjudicative third-party hearings, but in doing so, they don't always improve court efficiency.

Full Document

JOURNAL ARTICLE

Alternative Dispute Resolution in Trial and Appellate Courts — Dec 31, 2003

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.

Full Document

JOURNAL ARTICLE

Our Courts Ourselves: How the Alternative Dispute Resolution Movement Is Reshaping Our Legal System — Dec 31, 2003

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…

JOURNAL ARTICLE

Assessing Claims Resolution Facilities: What We Need to Know — Dec 31, 2003

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.

Full Document

JOURNAL ARTICLE

Court-ordered Arbitration: An Alternative Overview — Dec 31, 2003

This article describes court-ordered arbitration and distinguishes it from other dispute resolution procedures.

Full Document

JOURNAL ARTICLE

Science in the Court: Is There a Role for Alternative Dispute Resolution? — Dec 31, 2003

Full Document

JOURNAL ARTICLE

ADR Research at the Crossroads — Dec 31, 2000

This article traces the development of empirical research on alternative dispute resolution (ADR) and its impact on the legal system.

Full Document

JOURNAL ARTICLE

A Research Agenda: What We Need to Know About Court-Connected ADR — Dec 31, 1999

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.

Full Document

JOURNAL ARTICLE

Arbitration agreements in health care : myths and reality — Dec 31, 1997

Full Document

REPORT

Just, Speedy, and Inexpensive? : An Evaluation of Judicial Case Management Under the Civil Justice Reform Act — Jan 1, 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.

REPORT

An Evaluation of Mediation and Early Neutral Evaluation Under the Civil Justice Reform Act — Dec 31, 1995

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

Just, Speedy, and Inexpensive? An Evaluation of Judicial Case Management Under the CJRA — Dec 31, 1995

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

Evaluating Agency Alternative Dispute Resolution Programs: A Users' Guide to Data Collection and Use — Dec 31, 1994

Prepare a manual and develop prototype data collection instruments to assist those with responsibility for evaluating federal agency alternative dispute resolution programs.

Full Document

JOURNAL ARTICLE

Many doors? closing doors? : alternate dispute resolution and adjudication — Dec 31, 1994

Full Document

JOURNAL ARTICLE

A glass half full, a glass half empty : the use of alternative dispute resolution in mass personal injury litigation — Dec 31, 1994

Full Document

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RAND Topic:
Alternative Dispute Resolution

Alternative Dispute Resolution

Contents:

All Items (38)

Would Increased Transparency Improve the U.S. Civil Justice System? — Apr 24, 2012

Would Increased Transparency Improve the Civil Justice System? — Apr 24, 2012

New Book Explores Transparency in the American Civil Justice System — Apr 24, 2012

Making the Civil Justice System More Efficient and Equitable — Oct 3, 2011

Business-to-Business Arbitration in the United States: Perceptions of Corporate Counsel — Jan 18, 2011

Unintended Consequences of Court Arbitration: A Cautionary Tale from New Jersey — Dec 31, 2003

Alternative Dispute Resolution in Trial and Appellate Courts — Dec 31, 2003

Our Courts Ourselves: How the Alternative Dispute Resolution Movement Is Reshaping Our Legal System — Dec 31, 2003

Assessing Claims Resolution Facilities: What We Need to Know — Dec 31, 2003

Court-ordered Arbitration: An Alternative Overview — Dec 31, 2003

Science in the Court: Is There a Role for Alternative Dispute Resolution? — Dec 31, 2003

ADR Research at the Crossroads — Dec 31, 2000

A Research Agenda: What We Need to Know About Court-Connected ADR — Dec 31, 1999

Arbitration agreements in health care : myths and reality — Dec 31, 1997

Just, Speedy, and Inexpensive? : An Evaluation of Judicial Case Management Under the Civil Justice Reform Act — Jan 1, 1996

An Evaluation of Mediation and Early Neutral Evaluation Under the Civil Justice Reform Act — Dec 31, 1995

Just, Speedy, and Inexpensive? An Evaluation of Judicial Case Management Under the CJRA — Dec 31, 1995

Evaluating Agency Alternative Dispute Resolution Programs: A Users' Guide to Data Collection and Use — Dec 31, 1994

Many doors? closing doors? : alternate dispute resolution and adjudication — Dec 31, 1994

A glass half full, a glass half empty : the use of alternative dispute resolution in mass personal injury litigation — Dec 31, 1994

My RAND ?

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Alternative Dispute Resolution

Contents:

All Items (38)

Would Increased Transparency Improve the U.S. Civil Justice System? — Apr 24, 2012

Would Increased Transparency Improve the Civil Justice System? — Apr 24, 2012

New Book Explores Transparency in the American Civil Justice System — Apr 24, 2012

Making the Civil Justice System More Efficient and Equitable — Oct 3, 2011

Business-to-Business Arbitration in the United States: Perceptions of Corporate Counsel — Jan 18, 2011

Unintended Consequences of Court Arbitration: A Cautionary Tale from New Jersey — Dec 31, 2003

Alternative Dispute Resolution in Trial and Appellate Courts — Dec 31, 2003

Our Courts Ourselves: How the Alternative Dispute Resolution Movement Is Reshaping Our Legal System — Dec 31, 2003

Assessing Claims Resolution Facilities: What We Need to Know — Dec 31, 2003

Court-ordered Arbitration: An Alternative Overview — Dec 31, 2003

Science in the Court: Is There a Role for Alternative Dispute Resolution? — Dec 31, 2003

ADR Research at the Crossroads — Dec 31, 2000

A Research Agenda: What We Need to Know About Court-Connected ADR — Dec 31, 1999

Arbitration agreements in health care : myths and reality — Dec 31, 1997

Just, Speedy, and Inexpensive? : An Evaluation of Judicial Case Management Under the Civil Justice Reform Act — Jan 1, 1996

An Evaluation of Mediation and Early Neutral Evaluation Under the Civil Justice Reform Act — Dec 31, 1995

Just, Speedy, and Inexpensive? An Evaluation of Judicial Case Management Under the CJRA — Dec 31, 1995

Evaluating Agency Alternative Dispute Resolution Programs: A Users' Guide to Data Collection and Use — Dec 31, 1994

Many doors? closing doors? : alternate dispute resolution and adjudication — Dec 31, 1994

A glass half full, a glass half empty : the use of alternative dispute resolution in mass personal injury litigation — Dec 31, 1994

My RAND ?

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