Abstract

http://ssrn.com/abstract=1726442
 


 



The Effects of an ADR 'Confer and Report' 'Rule


Roselle Wissler


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

Bob Dauber


Arizona State University (ASU)

2006

Dispute Resolution Magazine, p. 27, Summer 2006

Abstract:     
This article summarizes the findings of a study examining the effects of a rule requiring lawyers to confer with opposing counsel regarding settlement and ADR early in litigation and to report the results of that discussion to the court. A comparison of civil litigators' practices before and after the rule was adopted showed no apparent increase in early ADR discussions or in early settlements, the rule's ultimate goal. After the rule was adopted, lawyers did become more likely to discuss ADR at some point during the litigation, albeit not when prescribed by the rule. Enforcing the requirement to report to the court did not seem to affect whether lawyers held early discussions, but did seem to increase the likelihood that lawyers filed that report.

Number of Pages in PDF File: 1

Keywords: Alternative Dispute Resolution, Mediation, Empirical Research

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Date posted: December 17, 2010  

Suggested Citation

Wissler, Roselle and Dauber, Bob, The Effects of an ADR 'Confer and Report' 'Rule (2006). Dispute Resolution Magazine, p. 27, Summer 2006. Available at SSRN: http://ssrn.com/abstract=1726442

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
Bob Dauber
Arizona State University (ASU) ( email )
Farmer Building 440G PO Box 872011
Tempe, AZ 85287
United States
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