Barriers to Attorneys’ Discussion and Use of ADR
Dispute Resolution Magazine, Vol. 10, p. 27, 2003
1 Pages Posted: 11 Dec 2010
Date Written: 2003
This article summarizes the findings of an empirical study involving a survey of Arizona civil litigators that examined their voluntary discussion and use of ADR and the prevalence of factors thought to act as barriers to ADR use. Most civil litigators discussed ADR with clients in most cases, but they were less likely to discuss ADR with opposing counsel and seldom did so early in the case. How frequently judges suggested the use of ADR was the factor most strongly related to how frequently attorneys discussed ADR with clients and opposing counsel and to how frequently they voluntarily used ADR. Attorneys' knowledge and views of ADR played a smaller role in their ADR discussions and use, although the potential cumulative effect of these factors was substantial. The implications of the findings for proposed approaches to increase voluntary ADR use are also discussed.
Keywords: alternative dispute resolution, mediation, empirical research
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