Barriers to Attorneys’ Discussion and Use of ADR

Dispute Resolution Magazine, Vol. 10, p. 27, 2003

1 Pages Posted: 11 Dec 2010

See all articles by Roselle Wissler

Roselle Wissler

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

Multiple version iconThere are 2 versions of this paper

Date Written: 2003

Abstract

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

Suggested Citation

Wissler, Roselle, Barriers to Attorneys’ Discussion and Use of ADR (2003). Dispute Resolution Magazine, Vol. 10, p. 27, 2003. Available at SSRN: https://ssrn.com/abstract=1723250

Roselle Wissler (Contact Author)

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

Box 877906
Tempe, AZ 85287-7906
United States

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