In the legal field, conflict resolution and alternative dispute resolution are strategies to bring two or more parties to an amicable agreement outside the courthouse setting, such as via mediation and arbitration. RAND has researched dispute resolution 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.
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.
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
To summarize trends and identify factors contributing to bid protest activity and outcomes in Air Force procurements, the authors assembled data from Air Force administrative databases on procurement activity and protests and developed statistical models to analyze bid protests.
REPORT
Recent bid protests have caused large disruptions in resource and operational planning in the Air Force, even leading to the cancellation of the Combat Search and Rescue helicopter program. Some tactics that the Air Force could use to counter such protests in the future include simplifying and clarifying selection criteria and priorities, explaining how its cost estimates are developed, and involving attorneys in external review of bids.
REPORT
Recent bid protests have caused large disruptions in resource and operational planning in the Air Force, even leading to the cancellation of the Combat Search and Rescue helicopter program. Some tactics that the Air Force could use to counter such protests in the future include simplifying and clarifying selection criteria and priorities, explaining how its cost estimates are developed, and involving attorneys in external review of bids.
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
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
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 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
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
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
This article describes court-ordered arbitration and distinguishes it from other dispute resolution procedures.
REPORT
For more than two decades, the California workers' compensation courts have been criticized for being slow, expensive, and procedurally inconsistent. In response to these concerns, the Commission on Health and Safety and Workers' Compensation engaged the RAND Institute for Civil Justice to conduct a top-to-bottom review of the courts. The research team found that the courts' problems stem largely from severe understaffing, the failure to…
REPORT
For more than two decades, the California workers' compensation courts have been criticized for being slow, expensive, and procedurally inconsistent. In response to these concerns, the Commission on Health and Safety and Workers' Compensation engaged the RAND Institute for Civil Justice to conduct a top-to-bottom review of the courts. The research team found that the courts' problems stem largely from severe understaffing, the failure to…
JOURNAL ARTICLE
The law and economics literature on suit and settlement has tended to focus on two alternative conceptual models.
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.
RESEARCH BRIEF
Sought to provide evidence illuminating the questions of prevalence and factors leading to adoption in a study of practices in California.
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