Civil Mediation: Which Cases Will Settle?
Dispute Resolution Magazine, Vol. 8, p. 28, 2002
1 Pages Posted: 11 Dec 2010
Date Written: 2002
This article summarizes the findings of an empirical study that examined mediation outcomes and the time and cost of resolution in general jurisdiction civil cases. The study also examined the relationship between settlement and various case, party, mediator, and program characteristics. Almost half of mediated cases settled, and a substantial number of additional cases made progress toward settlement. Cases that settled in mediation were resolved more quickly, and attorneys reported greater cost savings. The characteristics that had the strongest relationship with an increased likelihood of settlement were the lack of disparity in parties' initial positions, the attorney's greater cooperation during mediation, and the mediator's recommending a settlement or evaluating the case.
Keywords: mediation, alternative dispute resolution, empirical research
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