Abstract

http://ssrn.com/abstract=2471076
 


 



Inside the Caucus: An Empirical Analysis of Mediation from Within


Daniel M. Klerman


USC Gould School of Law

Lisa Klerman


USC Gould School of Law

July 6, 2015

Forthcoming, Journal of Empirical Legal Studies
USC Legal Studies Research Papers Series No. 14-31
USC CLASS Research Paper No. CLASS14-25

Abstract:     
This article provides a glimpse into the worlds of mediation and settlement negotiation. Because they are almost always private, there has been relatively little empirical analysis of the dynamics of settlement or mediation. This article analyzes a unique data set derived from a mediator’s contemporaneous notes of mediations involving employment disputes, such as claims of discrimination or wrongful termination. Although the data set includes over four hundred cases, since they were all mediated by a single mediator, this article can be viewed as a case study. Among the most interesting facts uncovered by this analysis are the following. Mediation can be extremely effective in facilitating settlement. The mediator studied here achieved a settlement rate of over 94%. There are very few gender differences, whether one looks at the gender of the plaintiff or the gender of the lawyers. For example, settlement rates are the same for male and female plaintiffs and lawyers. On average, cases settle much closer to the defendant’s first offer than the plaintiff’s, irrespective of case type, size of law firm, or other factors. A mediator’s proposal appears to be the most effective mediation technique. A mediator’s proposal was used in almost ninety percent of cases, and, when it was used, the settlement rate was over ninety-nine percent.

Number of Pages in PDF File: 33

Keywords: mediation, settlement, ADR, dispute resolution, employment, discrimination, gender, bargaining, negotiation, law firms


Open PDF in Browser Download This Paper

Date posted: July 24, 2014 ; Last revised: July 7, 2015

Suggested Citation

Klerman, Daniel M. and Klerman, Lisa, Inside the Caucus: An Empirical Analysis of Mediation from Within (July 6, 2015). Forthcoming, Journal of Empirical Legal Studies; USC Legal Studies Research Papers Series No. 14-31; USC CLASS Research Paper No. CLASS14-25. Available at SSRN: http://ssrn.com/abstract=2471076 or http://dx.doi.org/10.2139/ssrn.2471076

Contact Information

Daniel M. Klerman (Contact Author)
USC Gould School of Law ( email )
699 Exposition Boulevard
Los Angeles, CA 90089
United States
213-740-7973 (Phone)
213-740-5502 (Fax)
HOME PAGE: http://weblaw.usc.edu/contact/contactInfo.cfm?detailID=227

Lisa Klerman
USC Gould School of Law ( email )
699 Exposition Boulevard
Los Angeles, CA 90089
United States

Feedback to SSRN


Paper statistics
Abstract Views: 372
Downloads: 96
Download Rank: 181,633

© 2015 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.282 seconds