Leading Horses to Water: The Impact of an ADR ‘Confer and Report’ Rule

The Justice System Journal, Vol. 26, p. 253, 2005

11 Pages Posted: 14 Dec 2010  

Roselle Wissler

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

Bob Dauber

Arizona State University (ASU)

Date Written: 2005

Abstract

This empirical study examines the effects of a rule requiring lawyers to confer with opposing counsel regarding settlement and ADR early in litigation and to report the results of that discussion to the court. A comparison of civil litigators’ practices before and after the rule was adopted showed no apparent increase in early ADR discussions or in early settlements, the rule’s ultimate goal. After the rule was adopted, lawyers did become more likely to discuss ADR at some point during the litigation, albeit not when prescribed by the rule. Enforcing the requirement to report to the court did not seem to affect whether lawyers held early discussions, but did seem to increase the likelihood that lawyers filed that report. The article concludes by exploring what the findings of this and other studies suggest about the potential effectiveness of “confer and report” rules as well as other means of facilitating earlier discussions and settlements.

Keywords: alternative dispute resolution, settlement, empirical research

Suggested Citation

Wissler, Roselle and Dauber, Bob, Leading Horses to Water: The Impact of an ADR ‘Confer and Report’ Rule (2005). The Justice System Journal, Vol. 26, p. 253, 2005. Available at SSRN: https://ssrn.com/abstract=1724989

Roselle Wissler (Contact Author)

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

Box 877906
Tempe, AZ 85287-7906
United States

Bob Dauber

Arizona State University (ASU) ( email )

Farmer Building 440G PO Box 872011
Tempe, AZ 85287
United States

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