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Dispute Resolution

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.

Blog
Addressing Anti-Asian Racism, Stabilizing U.S. Rivalries, the Debt-Ceiling Fight: RAND Weekly Recap
This weekly recap focuses on countering anti-Asian racism, the instability of U.S. rivalries with Russia and China, the rise in extremist online activity, and more.
Dec 3, 2021
Commentary
Nuclear Strategists Know How Dangerous the Debt Fight Is
Nuclear-war strategists' work offers a warning for Congress: The more times a game is played, the more treacherous it becomes, because when both sides believe catastrophe will always be averted in the end, each behaves more rashly. In the debt-ceiling dispute, the United States could end up defaulting precisely because each side keeps waiting for the other to blink.
Nov 29, 2021
Report
The Globalization of Mass Civil Litigation: Lessons from the Volkswagen "Clean Diesel" Case
This report describes the Volkswagen "clean diesel" emission fraud litigation to illustrate the features of global mass litigation and the problems that arise in the resolution of these types of claims across transnational jurisdictions.
Jun 22, 2021
Report
Online Dispute Resolution: Perspectives to Support Successful Implementation and Outcomes in Court Proceedings
Online dispute resolution provides a forum for the resolution of court matters that was especially important during the COVID-19 pandemic. A panel of experts identified strategies to improve access to justice using these platforms.
May 14, 2021
Journal Article
The Effect of Mandatory Insurer Reporting on Settlement Delay
This article examines this problem empirically, using a rich, national data set of closed automobile bodily injury claims.
Jan 22, 2021
Journal Article
Medicare Secondary Payer and Settlement Delay
The Medicare Secondary Payer Act of 1980 and its subsequent amendments led to a delay in the resolution of disputes involving auto accidents of about six months.
Dec 11, 2020
Journal Article
Settling the Score: Maximizing the Public Health Impact of Opioid Litigation
This Article responds to skeptics of a potential global opioid settlement agreement by proposing terms that would further public health goals.
May 12, 2020
Multimedia
The RAND Institute for Civil Justice: 40 Years
For 40 years, the RAND Institute for Civil Justice has supplied government and private decisionmakers and the public with the results of objective, empirically based, analytic research.
Dec 12, 2019
Commentary
'Game of Thrones' Reflections on International Relations
As two RAND researchers join millions of others in eagerly awaiting the final season of Game of Thrones, they reflect on one of the show's central themes: rival views of the nature of power and justice.
Apr 11, 2019
Report
The Role of Health Care Liens in Litigation and Recovery
This paper examines the different types of health care liens and trends in prevalence, as well as how liens have changed the landscape of claim resolution.
Nov 19, 2018
Journal Article
Contingent Fee Litigation in New York City
The New York courts have collected a wealth of data on contingent fee litigation. This Article aims to provide a preliminary analysis of the data in the closing statements.
Jan 30, 2018
Journal Article
Maybe There Is No Bias in the Selection of Disputes for Litigation
This article attempts to contribute to the empirical and theoretical literature on litigation, settlement, and selection by analyzing New York litigation "closing statements".
Jan 26, 2018
Journal Article
Multilevel Selection in Litigation Data: A Bounds Approach
Proposes a bounds approach to address the problem of selection with litigation data.
Jan 25, 2018
Report
Emerging Trends in Compensation for Widespread Losses
These conference proceedings explore emerging trends in compensation for widespread loss events, including regulators' changing roles, the impact of liens, and claim aggregation.
Dec 4, 2017
Report
Maritime Issues in the East and South China Seas: Summary of a Conference Held January 12–13, 2016
This conference summary presents key insights from a January 2016 conference focusing on maritime disputes in the East and South China Seas.
Dec 12, 2016
Journal Article
Estimating the Effects of the English Rule on Litigation Outcomes
The English rule prescribes that the loser of a lawsuit pay the winner's litigation costs.
Dec 8, 2016
Report
Improving the Timeliness of Equal Employment Opportunity Complaint Processing in Department of Defense
The Department of Defense should process formal discrimination complaints within 180 days of filing. However, many of these complaints are not processed within this time frame. This report provides information to help address this lag.
Feb 6, 2015
Report
Economic Effects of Product Liability and Other Litigation Involving the Safety and Effectiveness of Pharmaceuticals
Opponents of product liability claim that liability reduces product availability, increases prices, and discourages innovation. Supporters claim that liability uncovers information about drug hazards and deters socially undesirable corporate behavior.
Feb 19, 2013
News Release
New Book Explores Transparency in the American Civil Justice System
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.
Apr 24, 2012
Commercial Book
Would Increased Transparency Improve the U.S. Civil Justice System?
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.
Apr 24, 2012

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