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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.

Research Brief
Binding Arbitration is Not Frequently Used to Resolve Health Care Disputes
Sought to provide evidence illuminating the questions of prevalence and factors leading to adoption in a study of practices in California.
Jan 1, 1999
Report
Arbitration agreements in health care : myths and reality
Arbitration agreements in health care : myths and reality
Jan 1, 1998
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
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.
Dec 31, 1995
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

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