Abstract

http://ssrn.com/abstract=1723292
 
 

Citations (3)



 
 

Footnotes (277)



 


 



Court-Connected Mediation in General Civil Cases: What We Know from Empirical Research


Roselle Wissler


Arizona State University (ASU) - Sandra Day O'Connor College of Law

2002

Ohio State Journal on Dispute Resolution, Vol. 17, p. 641, 2002

Abstract:     
The present article reports the findings of an empirical study that examined parties' and attorneys' assessments of mediation, mediation outcomes, and the time and cost of resolution in general jurisdiction civil cases. The study also examined the relationships between case, party, mediator, and program characteristics, on the one hand, and settlement and participants' perceptions, on the other hand. Most parties and lawyers saw mediation as a procedurally just process that generally involved party participation and lacked settlement coercion. Almost half of mediated cases settled, and a substantial number of additional cases made progress toward settlement. Overall, mediation did not reduce the time to disposition, but cases that settled in mediation were resolved more quickly and attorneys reported greater cost savings. Party preparation for mediation, active party and attorney participation in mediation, and attorney cooperation during the session were among the characteristics that enhanced parties' perceptions of procedural fairness. The characteristics that had the strongest relationship with an increased likelihood of settlement were the lack of disparity in parties' initial positions, the attorney's greater cooperation during mediation, and the mediator's recommending a settlement or evaluating the case. The findings of other studies of civil mediation are discussed throughout. The Article concludes by summarizing what is known about general civil case mediation from empirical research and discussing the implications for program design and future research.

Number of Pages in PDF File: 63

Keywords: mediation, alternative dispute resolution, empirical research

Accepted Paper Series





Download This Paper

Date posted: December 10, 2010  

Suggested Citation

Wissler, Roselle, Court-Connected Mediation in General Civil Cases: What We Know from Empirical Research (2002). Ohio State Journal on Dispute Resolution, Vol. 17, p. 641, 2002. Available at SSRN: http://ssrn.com/abstract=1723292

Contact Information

Roselle Wissler (Contact Author)
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
Feedback to SSRN


Paper statistics
Abstract Views: 790
Downloads: 160
Download Rank: 111,182
Citations:  3
Footnotes:  277

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.312 seconds