Reforming the civil litigation process: how court arbitration may help

by Deborah R. Hensler

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This paper, originally published in the New Jersey Bell Journal, Summer 1984, describes some factors contributing to the congestion, delay, and expense that currently trouble the country's civil courts. It describes court-administered arbitration, an approach that is being tested to resolve a broad range of civil cases involving money damages: personal injury and property damage suits, breach of contract cases, and collection disputes. It reviews the results of two Rand Institute for Civil Justice studies on the effectiveness of court-annexed arbitration, which found, among other things, that there were significant cost reductions, and there was a high degree of satisfaction with arbitration procedures among attorneys and litigants.

This report is part of the RAND Corporation Paper series. The paper was a product of the RAND Corporation from 1948 to 2003 that captured speeches, memorials, and derivative research, usually prepared on authors' own time and meant to be the scholarly or scientific contribution of individual authors to their professional fields. Papers were less formal than reports and did not require rigorous peer review.

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