Institutionalization: What Do Empirical Studies Tell Us About Court Mediation?

Dispute Resolution Magazine, Vol. 9, p. 8, 2003

3 Pages Posted: 11 Dec 2010 Last revised: 9 Jan 2012

Barbara McAdoo

Hamline University School of Law

Nancy Welsh

Pennsylvania State University, Dickinson Law

Roselle Wissler

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

Abstract

In the past 25 years, federal and state courts throughout the country have adopted mediation programs to resolve civil disputes. This increased use of mediation has been accompanied by a small but growing body of research examining the effects of certain choices in designing and implementing court-connected mediation programs. This article focuses on the lessons that are emerging from the available empirical data regarding best practices for programs that mediate non-family civil matters. The authors discuss research about program design choices that will affect the success of the institutionalization of mediation, the likelihood of achieving settlement, and the perceptions that litigants have of the procedural justice provided by court-connected mediation.

Keywords: mediation, alternative dispute resolution, empirical research, procedural justice, institutionalization of ADR

Suggested Citation

McAdoo, Barbara and Welsh, Nancy and Wissler, Roselle, Institutionalization: What Do Empirical Studies Tell Us About Court Mediation?. Dispute Resolution Magazine, Vol. 9, p. 8, 2003. Available at SSRN: https://ssrn.com/abstract=1723284

Barbara McAdoo

Hamline University School of Law ( email )

1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States

Nancy Welsh

Pennsylvania State University, Dickinson Law ( email )

333 West South Street
Carlisle, PA 17013
United States
717-241-3508 (Phone)
717-240-5126 (Fax)

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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