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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.

Report

An Evaluation of Mediation and Early Neutral Evaluation Under the Civil Justice Reform Act

The report describes an assessment of the effects of six different alternative dispute resolution (ADR) programs that included mediation and early neutral evaluation.

Jan 1, 1996
Research Brief

Just, Speedy, and Inexpensive? An Evaluation of Judicial Case Management Under the CJRA

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.

Jan 1, 1996
Report

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

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.

Jan 1, 1996
Report

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

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

Jan 1, 1995
Report

Evaluating Agency Alternative Dispute Resolution Programs: A Users' Guide to Data Collection and Use

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

Jan 1, 1995
Report

Many doors? closing doors? : alternate dispute resolution and adjudication

Many doors? closing doors? : alternate dispute resolution and adjudication

Jan 1, 1995
Report

Does ADR really save money? The jury's still out

Does ADR really save money? The jury's still out

Jan 1, 1994
Research Brief

Escaping the Courthouse

Crowded courts and escalating litigation costs are fueling demand for private alternatives to courts. But not everyone thinks that the burgeoning market in private courts and private judges is desirable.

Jan 1, 1994
Report

Escaping the Courthouse: Private Alternative Dispute Resolution in Los Angeles

This study profiles private alternative dispute resolution (ADR) in Los Angeles. The study focused on all civil money suits in Los Angeles county in 1992 and 1993.

Jan 1, 1994
Report

Private Dispute Resolution in the Banking Industry

This monograph examines the use of private alternative dispute resolution (private ADR) by firms in the banking industry in response to a perceived liability crisis in the 1980's.

Jan 1, 1993
Report

Arbitrating High-Stakes Cases: An Evaluation of Court-Annexed Arbitration in a United States District Court

Court-annexed arbitration, which requires the referral of civil cases to nonbinding arbitration before a lawyer-arbitrator, has become an increasingly common feature of civil procedure, ...

Jan 1, 1990
Report

The Perception of Justice: Tort Litigants' Views of Trial, Court-Annexed Arbitration, and Judicial Settlement Conferences

This report investigates the attitudes and perceptions of individual plaintiffs and defendants in personal-injury tort cases in three state courts.

Jan 1, 1989
Report

Judicial Arbitration in California: An Update

Reports the findings of a 1987 survey of court officials undertaken to determine the status of California's judicial arbitration program. It also describes how local courts have implemented the program, analyzes selected program outcomes,...

Jan 1, 1989
Report

Alternative Adjudication: An Evaluation of the New Jersey Automobile Arbitration Program

In 1985, New Jersey implemented a statewide program of mandatory court-administered arbitration of automobile injury lawsuits.

Jan 1, 1988
Report

What We Know and Don't Know About Court-Administered Arbitration

This Note, a reprint of an article that originally appeared in the February-March 1986 issue of Judicature, summarizes the results of research conducted by the Institute for Civil Justice in the area of court-administered arbitration.

Jan 1, 1986
Report

Court-Annexed Arbitration: The National Picture

Reports the findings of a national survey to determine the current status of court-annexed arbitration among state and federal trial courts, and is an update of a similar survey conducted by The Institute for Civil Justice in 1980, and published as R2732

Jan 1, 1985
Report

Court-annexed arbitration in the state trial court system

Research effort has been directed toward investigating the use of court-annexed arbitration in the state trial courts, and evaluating the effectiveness of this type of arbitration for managing the civil caseload and alleviating the burdens that the l...

Jan 1, 1984
Report

Court-Ordered Arbitration: The California Experience

A shortened version of a study published as R-2733-ICJ, examines the experimental court-ordered arbitration program established in California in 1979, in an effort to determine whether court-ordered arbitration reduces court congestion ...

Jan 1, 1984
Report

Reforming the civil litigation process: how court arbitration may help

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...

Jan 1, 1984
Report

Introducing Court-Annexed Arbitration: A Policymaker's Guide

Court-annexed arbitration is a court-run dispute resolution process to which cases that meet some specified criteria are involuntarily assigned.

Jan 1, 1984

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