Mediation and Adjudication in Small Claims Court: The Effects of Process and Case Characteristics

Law and Society Review, Vol. 29, No. 323, 1995

Posted: 16 Dec 2010  

Roselle Wissler

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

Date Written: 1995

Abstract

Research examining the relative effectiveness of mediation and adjudication has raised questions about whether the apparent benefits of mediation can be attributed to differences in the two dispute resolution procedures or, instead, are due to differences in the characteristics of the disputes or disputants in the different procedures. Litigants in four small claims courts provided multiple comparison groups that enabled us to empirically examine case and process effects. Disputes and disputants in mediation and adjudication differed on few attributes. The process, outcomes, and impact of mediation and adjudication differed in ways generally consistent with their theoretical differences. Although the degree of liability admitted by the defendant played a role, overall, differences in the effectiveness of mediation and adjudication were due more to differences in the processes themselves than to differences in the disputes and disputants using each procedure.

Keywords: mediation, procedural justice, empirical research

Suggested Citation

Wissler, Roselle, Mediation and Adjudication in Small Claims Court: The Effects of Process and Case Characteristics (1995). Law and Society Review, Vol. 29, No. 323, 1995. Available at SSRN: https://ssrn.com/abstract=1725550

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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